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Racial Harassment in Vermont Public Schools 

A Progress Report 


LC 212 

.22 

.V5 R33 
2003 
Copy 2 


Vermont Advisory Committee to 
the U.S. Commission on Civil Rights 


October 2003 

This report of the Vermont Advisory Committee to the U.S. Commission on Civil Rights was prepared for the 
information and consideration of the Commission. Statements in this report should not be attributed to the 
Commission, but only to the participants at the town meetings, other individuals or documents cited, or the 
Advisory Committee. 


\ 



The United States Commission on Civil Rights 

The U.S. Commission on Civil Rights is an independent, bipartisan agency established by Congress in 
1957, reconstituted in 1983, and reauthorized in 1994. It is directed to investigate complaints alleging 
that citizens are being deprived of their right to vote by reason of their race, color, religion, sex, age, 
disability, or national origin, or by reason of fraudulent practices; study and collect information relat¬ 
ing to discrimination or a denial of equal protection of the laws under the Constitution because of race, 
color, religion, sex, age, disability, or national origin, or in the administration of justice; appraise fed¬ 
eral laws and policies with respect to discrimination or denial of equal protection of the laws because of 
race, color, religion, sex, age, disability, or national origin, or in the administration of justice; serve as a 
national clearinghouse for information in respect to discrimination or denial of equal protection of the 
laws because of race, color, religion, sex, age, disability, or national origin; submit reports, findings, 
and recommendations to the President and Congress; and issue public service announcements to dis¬ 
courage discrimination or denial of equal protection of the laws. 

The State Advisory Committees 

By law, the U.S. Commission on Civil Rights has established an advisory committee in each of the 50 
states and the District of Columbia. The committees are composed of state citizens who serve without 
compensation. The committees advise the Commission of civil rights issues in their states that are 
within the Commission’s jurisdiction. More specifically, they are authorized to advise the Commission 
on matters of their state’s concern in the preparation of Commission reports to the President and the 
Congress; receive reports, suggestions, and recommendations from individuals, public officials, and 
representatives of public and private organizations to committee inquiries; forward advice and recom¬ 
mendations to the Commission, as requested; and observe any open hearing or conference conducted by 
the Commission in their states. 


This report is available on disk in ASCII and WordPerfect 5.1 for persons with visual impairments. 
Please call (202) 376-8110. It is also posted on the Commission’s Web site at www.usccr.gov. 





Racial Harassment in Vermont Public Schools: 

A Progress Report 



ito f i2 
.33 

,isfa3 

akx>$ 

Co?i A 


Letter of Transmittal 


Vermont Advisory Committee to 
the U.S. Commission on Civil Rights 

Members of the Commission 

Mary Frances Berry, Chairperson 
Cruz Reynoso, Vice Chairperson 
Jennifer C. Braceras 
Christopher Edley, Jr. 

Peter N. Kirsanow 
Elsie M. Meeks 
Russel] G. Redenbaugh 
Abigail Themstrom 

Les Jin, Staff Director 

The Vermont Advisory Committee submits this report, Racial Harassment in Vermont Public 
Schools: A Progress Report, as part of its responsibility to advise the Commission on civil rights is¬ 
sues in the state. The Committee approved this report in a vote of 13 to 0, 1 abstention. 

Beginning in the mid-1990s, the Committee received allegations that a racially hostile environ¬ 
ment and discrimination were widespread throughout the state’s school system. Despite state law 
requiring local school boards to adopt policies and procedures to address harassment, many did not 
comply. Following a two-day forum in November 1997 designed to address these issues, the Commit¬ 
tee released its report. Racial Harassment in Vermont Public Schools, in February 1999. Concluding 
that racial harassment was both frequent and common across all grade levels and that school per¬ 
sonnel were ill equipped and poorly trained to respond appropriately to incidents, the Committee 
recommended sweeping changes requiring action bv the Vermont Department of Education (VDOE), 
local school boards, and public officials. Once released, the report resonated within the civil rights 
community and served as a definitive reference on the topic. In the years after the report’s release, a 
groundswell of positive activity occurred through advocacy orgamzations, education officials, church 
groups, and parents to better monitor school tension, ensure safe learning environments, and act upon 
the Committee’s recommendations. A few examples include: 

■ Former Governor Howard Dean’s pledge to create a statewide tone condemning racism m 
Vermont schools and communities. This was followed by the unprecedented acknowledge¬ 
ment by former VDOE commissioner Mark Hull that harassment exists m the schools and 
that state agencies should coordinate their efforts to eliminate hazing and bullying and to 
address safety' concerns. 

■ Enactment of a new state law. modeled after many of the Committee’s recommendations, re¬ 
quiring school boards to adopt model harassment and hazing prevention policies. 

■ Creation of a School Civility Project by VDOE to address harassment and discrimination 
based on race, sex, sexual orientation, or ability in the schools. 

■ Renewed commitment and coordination among state education associations for corrective 
measures to ease school tensions, including workshops sponsored by association members to 
teach greater tolerance and sensitivity to racial issues. 

■ Community organization and church group meetings, seminars, training, and follow-up forums 
throughout the state devoted to the topics of racial harassment and overall race relations. 

Despite this positive momentum, the Committee learned that problems reported in its 1999 report 
persisted. For instance, students of color reported higher incidences of physical fights and stolen or 
damaged property than white students. The Committee also learned of severe harassment cases, includ¬ 
ing those in which school officials failed to respond or took inappropriate remedial action. 


The Committee decided to follow up on its 1999 report to (1) inform the public, state officials, and 
civil rights advocates of the continuing problem of racism in Vermont; (2) identify current efforts to ad¬ 
dress racial harassment and racism in the state; and (3) identify successful exemplary programs and 
their components that could be replicated and expanded. To collect needed information, the Committee 
solicited written responses to questions posed to 25 education agencies, officials, and community activ¬ 
ists. Based on the information it received, the Committee released a statement of concern in October 
2002 to serve as a starting pomt for future discussion. It subsequently held three “town meetings” be¬ 
tween November 2002 and April 2003, including one using interactive television, to hear directly from 
the approximately 160 parents, students, educators, public officials, and community leaders in atten¬ 
dance. 

Based on this information and supplemental research, the Committee prepared this progress report 
summarizing written submissions and oral presentations, concluding that: 

■ State agencies, schools, and community organizations have undertaken exemplary efforts to 
make the elimination of racial harassment a statewide priority. They held major conferences 
and teacher training on diversity and anti-racism issues, lobbied the legislature for additional 
resources and anti-harassment measures, and assigned staff to begin working on the problem. 

■ A coordinated, statewide plan to address the problem is needed, as well as comprehensive collec¬ 
tion and analysis of harassment data. 

■ Fiscal constraints limit the ability of VDOE and the Vermont Human Rights Commission 
(VHRC) to develop statewide prevention programs or intervene on behalf of victims and help 
schools resolve recurring problems. 

The Committee is concerned about reports of minority students changing school districts or mov¬ 
ing out of the state because of intolerance they encounter m their schools and communities. It hopes 
that Vermont will strive to be a desirable and welcoming place to five for people of all backgrounds. 
To help prevent future harassment in schools, reduce general intolerance toward minorities 
throughout the state, and make Vermont a safe and hospitable place for all, the Committee recom¬ 
mends: 


■ Clear, enforced standards mandating remedial action or penalties for students who commit 
harassment and school personnel who do not comply with state law. 

■ Employees in each school designated and trained to receive and investigate harassment com¬ 
plaints. 

■ More funding for VDOE and VHRC to accomplish then- missions. 

■ Continued coordination between civil rights groups, educators, and the public. 


The Committee believes this progress report will help the public better understand the continu¬ 
ing problem of racial harassment in schools, identify positive steps taken to remedy the problem, and 
clarify areas requiring additional effort. The Committee also issues this report to acknowledge the 
hard work of many Vermonters to address racial harassment in schools. 



Eric D. Sakai, Chairperson 
Vermont Advisory Committee 


IV 


Vermont Advisory Committee to 
the U.S. Commission on Civil Rights 


Eric D. Sakai, Chairperson 

Randolph 

Wanda M. Arce 

Milton 

Hugo Martinez Cazon 

Burlington 

Kimberly B. Cheney 

Montpelier 

M. Jerome Diamond 

Montpelier 

Pat Elmer 

Alburg 

Melanie S. Gustafson 

Burlington 


Philip H. Hoff 

Burlington 

Noah Kitty 

Brattleboro 

Charles E. Memusi Johnson 

Thetford 

Michael P. Reilly 

Burlington 

Christopher D. Roy 

Williston 

Karen F. Saudek 

East Montpelier 

John Tucker 

Burlington 


Acknowledgments 

The Vermont Advisory Committee thanks the staff of the Commission’s Eastern Regional Office. Writ¬ 
ten inquiries to public officials, educators, and community organization representatives as well as the 
planning and holding of the town hall meetings and follow-up research were conducted by Marc D. Pen- 
tino, aval rights analyst. Chairperson Enc D. Sakai prepared an extensive draft report, which was ed¬ 
ited by Marc Pentino and Ki-Taek Chun, then director of the Eastern Regional Office. Dawn Sweet pro¬ 
vided editorial services and prepared the report for publication. Dorothy Pearson-Canty and Alfreda 
Greene provided production and distribution services. 


v 












* 
































































Contents 


I. Introduction. 1 

The 1999 Report.3 

Development of the 2003 Progress Report.3 

II. Progress and Problems in Addressing Racial Harassment in Vermont Schools.5 

Planning.5 

Publicity.6 

Training.6 

Enforcement.7 

Reporting.10 

Staffing.11 

III. Summary ..13 

Table 

1. Vermont Elementary and Secondary School Ethnic Enrollment 1993-2003.2 

Appendices 

1. Vermont Anti-Harassment and Hazing Law of 2000.15 

2. Conclusions and Recommendations from the Vermont Advisory Committee’s 1999 Report, 

Racial Harassment in Vermont Public Schools .17 

3. Statement of Concern, Vermont Advisory Committee, October 2002.23 

4. List of Persons and Organizations Solicited for Information.25 

5. List of Questions Posed to Organizations and Civil Rights Advocates.26 

6. Excerpts from Vermont House of Representatives Journal, May 22, 2003, Second Reading of 

House Bill 113.31 

7. Vermont House of Representatives Bill 113, as Originally Introduced (2003-2004 Session).33 


vii 

















































































































































I. Introduction 


In its February 1999 report, Racial Harassment in Vermont Public Schools (the 1999 Report), the 
Vermont Advisory Committee to the U.S. Commission on Civil Rights (the Committee) concluded 
that “racial harassment appears pervasive in and around the state’s public schools,” observing that 
“the elimination of this harassment is not a priority' among school administrators, school boards, 
elected officials, and state agencies charged with civil rights enforcement.” 1 

When the 1999 Report was released, there was little comprehensive data with which to assess 
the extent of racial harassment in Vermont. But since then, several sources have become available 
indicating how’ serious the problem is. 

1. Partly in response to the 1999 Report, the Vermont General Assembly in 2000 passed an an¬ 
ti-harassment and hazing law, commonly known as Act 120, 2 requiring schools to submit an¬ 
nual data on harassment and hazing incidents to the Vermont Department of Education (see 
appendix 1). Thus, we now know that 25 percent of the 2,551 harassment and hazing inci¬ 
dents reported for the 2001-2002 school year were race related. 3 Given that Vermont’s non¬ 
white students represent 4.17 percent of the total school population in the 2002-2003 school 
year, the disproportionate number of race-related harassment incidents is truly alarming. 
Table 1 below show's the percentage of minority students in Vermont schools for the years 
1993-2003. 

2. Equally disturbing is data derived from the Vermont Department of Health’s 2001 Youth 
Risk Behavior Survey that indicates: 

■ Of 773 Vermont students of color surveyed in grades 8 to 12, 46 percent reported that 
they had been in a physical fight during 2001 (compared w’ith 28 percent of 8,414 
white students). 

■ 39 percent of students of color had property stolen or deliberately damaged at school 
(compared with 26 percent of w’hite students). 

■ 14 percent of students of color did not go to school in the 30 days prior to taking the 
survey because they felt unsafe (compared with 4 percent of w’hite students). 4 

3. Robert Appel, executive director of the Vermont Human Rights Commission, reported that 
one-third of the public accommodations discrimination charges filed between fiscal years 
1994 and 2002 were against schools, and nearly one-third of the 138 cases against schools 
were based on race. 5 


1 Vermont Advisory Committee to the U.S. Commission on Civil Rights (USCCR), Racial Harassment in Vermont Public 
Schools, February 1999, p. in (hereafter cited as 1999 Report). 

2 VT. STAT. ANN. tit. 16, § 565 (2003). 

3 Vermont Department of Education, Safe and Healthy Schools Program, “Hazing and Harassment in Vermont Schools: 2000- 
2001 School Year vs. 2001-2002 School Year,” table submitted by Director Doug Dows, town hall meeting, Apr. 9, 2003. 

4 Kathy Johnson, director of equity initiatives, the Vermont Institutes, attachment to letter to Eric Sakai, chairperson, Ver¬ 
mont Advisory Committee, Oct. 11, 2003. The data cited was extrapolated by the information used to produce the Vermont 
Department of Health's Youth Risk Behavior Survey 2001, <www.state.vt.us/health/adap/'pubs/2001/yrbs2001.pd£>. 

5 Robert Appel, executive director, Vermont Human Rights Commission, “Public Accommodations Discrimination Charges 
Against Schools, FY94 to FY02,” table submitted by Robert Appel, town hall meeting, Apr. 9, 2003. 


1 




TABLE 1 

Vermont Elementary and Secondary School Ethnic Enrollment, 1993-2003 


School Year 

White 

Minority 

93-94 

97.50% 

2.50% 

94-95 

97.38 

2.62 

95-96 

96.88 

3.12 

96-97 

97.27 

2.73 

97-98 

97.08 

2.92 

98-99 

97.09 

2.91 

99-00 

96.84 

3.16 

00-01 

96.34 

3.66 

01-02 

95.79 

4.21 

02-03 

95.83 

4.17 


Source: Vermont Department of Education, "Elementary/Secondary Public School Enrollment 


(2002-2003 School Year),'Apr. 18. 2003, p. 4. 


In the course of gathering information about racial harassment, the Committee received other 
data that speaks powerfully to problems of racism and racial harassment that are not confined to 
Vermont’s public schools. 

4. According to then-Assistant Attorney General Katherine Hayes, in her annual report to the 
Vermont legislature on hate crimes investigations, 36 of 92 hate crimes reported through the 
Vermont Incident-Based Reporting System in 2001 were race related. 6 

5. The Champlain Valley Office of Economic Opportunity recently released a study on fair hous¬ 
ing. indicating that 48 percent of African Americans participating in the study experienced 
some form of discrimination by Vermont real estate agents. 7 

6. The Vermont Center for Justice Research conducted research on disparities in criminal jus¬ 
tice processing between minorities and whites. Initial findings indicate that African Ameri¬ 
can males are 1.5 times more likely to be arrested in Vermont than white males. 8 

The emerging statistical evidence of racial harassment in schools is particularly significant, be¬ 
cause the testimony published in the Committee’s 1999 Report was dismissed by some educators and 
legislators as “anecdotal” and unsubstantiated. It is clear to the Committee that racial harassment is 
a serious problem in Vermont. The hurt done to students of color was amply demonstrated in the 
he art-wrenching testimony of parents, students, teachers, and others who wrote or spoke to the 
Committee at its hearings in November 1997 (which formed the basis for its 1999 Report). 

Early in 2002 therefore, the Committee began planning a follow-up project to determine what 
progress has been made and what problems and obstacles remain in addressing a serious social prob¬ 
lem that undermines the quality of life and education for all Vermont students, not only those of 
color. 


6 Katherine Hayes, former assistant attorney general for civil rights, Office of the Attorney General, “Report to the Vermont 
Legislature-Hate Crimes,” Feb. 7, 2002, p. 5. 

7 Champlain Valley Office of Economic Opportunity-Fair Housing Project, “A Real Estate Sales Practices Audit: Fair Housing 
Law Compliance in Vermont," April 2003, p. 5, <http://www.cvoeo.org/vti/8ales_audit_report4-03.pdf>. 

8 William Clements, executive director, Vermont Center for Justice Research, “Exploring the Dynamics of Race and Crime 
Using Vermont NIBRS Data: Executive Summary,” January 2003, p. 2. For the complete study, see <http://www.state.vt.u8/ 
atg/Race%20and%20Cnme%20Study.pdf>. In March 2003, the Vermont Attorney Generals Office announced its plans to take 
action to address racial bias issues m the law enforcement community. See <http://www.state.vt.us/atg/pre8803112003.htm>. 


2 






This report presents a summary of both the progress achieved since the release of the 1999 Re¬ 
port and problems that remain in addressing racial harassment. To provide a context, an overview of 
the 1999 Report and history of the Committee’s 2002 follow-up project are presented below. 

The 1999 Report 

Following a series of briefings with Vermont Department of Education officials, community 
groups, and parents between 1996 and 1997, the Committee held community forums m Burlington 
and Rutland on November 4 and 5, 1997. In order to receive information on racial harassment in 
schools, the Committee invited parents, students, teachers and administrators, and representatives 
of the Vermont Department of Education, the Vermont Human Rights Commission, the University of 
Vermont, and several community organizations. The Committee also received written submissions 
from several individuals both before and after the community forums. Presenters described public 
schools as unfriendly and hostile to others of different racial and ethnic backgrounds, a setting 
wherein racial slurs, epithets, and physical assaults occur and where many students experienced 
daily fear and feelings of being ostracized from the total school community. The information collected 
at these forums led the Committee to the conclusion that racial harassment is widespread and per¬ 
vasive in and around the state s public schools and is a reflection of overall race relations in the 
state. The 1999 Report incorporated written information from school administrators and education 
association officials as well as extensive research results on Vermont law and policy related to racial 
harassment and handling of harassment complamts by the Vermont Human Rights Commission. 9 
The Committee made 17 recommendations that fall into six general categories: planning, publicity, 
training, enforcement, reporting, and staffing. 10 

The Committee is gratified that the report has made a remarkable impact since its release. As 
noted above, Act 120, passed by the legislature in 2000, incorporated many aspects of the Commit¬ 
tee’s recommendations. The report was used as a primary reference document for legislators when 
Act 120 and Bill 113 11 were debated. Many advocacy organizations, parents, churches, educators, 
and business leaders requested the report, using it as reference document for events and discussions 
on race relations in the state. In response to these requests, approximately 3,000 copies of the report 
were distributed in Vermont. It is particularly noteworthy that high school and college teachers re¬ 
quested the report and used it as a textbook m courses on race issues. According to Reverend Gary 
Kowalski of the First Unitarian Umversalist Society m Burlington, his congregation's Anti-Racism 
Action Committee mailed a copy to every public school principal in the state. 12 

As a result of the Burlington Anti-Racism Coalition's review of the 1999 Report, State Represen¬ 
tative Mark Larson (Burlington) sponsored a bill in 2003 addressing racial harassment (H. 113). 13 
Although it did not make it out of committee, advocates are reworking the bill in hopes of introduc¬ 
ing it next session. 14 Bill 113 is discussed more fully in part II of this report. 

Development of the 2003 Progress Report 

In April 2002, the Advisory Committee embarked upon a follow-up project to review- efforts to 
address racial harassment in schools by the Vermont Department of Education, school personnel, 
community organizations, and business leaders. As originally conceived, the project aimed to collect 


9 The process by which the Committee developed its report is described in chapter 1 of the 1999 Report, pp. 1—1. 

10 The full text of the February 1999 report's conclusions and recommendations appears in appendix 2 of this report. 

" H.R. 113, 2003-2004 Legis. Sess. (Vt. 2003). 

12 Rev. Gary Kowalski. First Unitarian Umversalist Society, letter to Marc Pentino, Eastern Regional Office, USCCR, Sept. 
17, 2002. 

13 H.R. 113, 2003-2004 Legis. Sess. (Vt. 2003). 

■< On August 26, 2003, Rep. Mark Larson convened a meeting of three House members, educators, deputy chiefs from the 
Burlington Police Department, and aval rights advocates to discuss building support for the bill. Robert Appel, director, Ver¬ 
mont Human Rights Commission, e-mail to Marc Pentino, Eastern Regional Office, USCCR, May 23, 2003. 


3 




statements from a wide variety of individuals familiar with the issue of racial harassment in Ver¬ 
mont schools and to conduct follow-up discussions as necessary. In developing its plans, the Commit¬ 
tee felt it essential to hold several town hall meetings to hear directly from parents, students, teach¬ 
ers, and community leaders, as well as representatives of the Department of Education and other 
state agencies. Furthermore, members agreed that community forums had to be made more accessi¬ 
ble to Vermont’s dispersed rural population than were the 1997 gatherings in Burlington and Rut¬ 
land, the state’s two largest cities. 

In order to provide a context and starting point for discussing the issues at the town hall meet¬ 
ings, the Committee decided to solicit input from as many persons as possible and release a state¬ 
ment of concern pnor to public meetings. The Committee submitted written questions to 25 educa¬ 
tion agencies and community organizations, and received 21 written responses, including eight from 
school superintendents. 15 Based on the information it received, the Committee released a statement 
of concern in October 2002 (see appendix 3). The statement makes the following observations: 

■ The Committee believes that problems cited in its 1999 Report persist despite significant ef¬ 
forts to find solutions. 

■ The Committee has learned of severe harassment cases, which may have been exacerbated 
by school administrators’ failure to respond effectively to end harassing conduct. 

■ The Vermont Department of Education and various education/professional associations insti¬ 
tuted laudable programs to both respond to incidents and improve the overall school climate. 
However, staffing resources and assistance offered to schools may not be enough to address 
the problem on a systemic, statewide basis. 

In order to collect information from a wide variety of sources, particularly parents and other 
community members, the Advisory Committee held two traditional town meetings (Burlington, No¬ 
vember 2002, and Montpelier, April 2003) and a third one (February 2003) using Vermont Interac¬ 
tive Television (VIT) to make it possible for residents in mostly rural areas to participate. 16 V7T al¬ 
lowed persons to participate via live interactive video. At the town meetings, the Committee heard 
from teachers, administrators, parents, and other community members who wished to inform the 
Committee of progress and problems in addressing racial harassment in schools. These town meet¬ 
ings differed in some respects from the 1997 community forums, observing the practice of traditional 
Vermont town meetings of inviting testimony from any community member who wished to speak to 
the issues at hand. Information presented at these meetings and written submissions form the basis 
for this progress report. 17 


15 Many of these responses included extensive documentation of programs and activities that address diversity and harass¬ 
ment issues, and some presented data on harassment incidents in individual school districts and for all Vermont schools that 
submitted reports. Appendix 4 lists persons and organizations that received the Committee’s questions. 

16 The six interactive television sites participating were Brattleboro, Colchester, Newport, Randolph Center, Rutland, and St 
Albans. 

17 The 2002-03 town meetings differed from the earlier community forums in that oral testimony was not transcribed. There¬ 
fore, full transcriptions of that testimony do not appear in this report. However, written statements submitted to the Commit¬ 
tee are available upon request from the Commission’s Eastern Regional Office. 


4 



II. Progress and Problems in Addressing Racial Harassment 
in Vermont Schools 


T akin g recommendations of the 1999 Report as points of departure, this section summarizes reme¬ 
dial efforts, both past and current, to address harassment m Vermont schools. It also summarizes the 
extensive written and oral testimony the Committee received regarding the 1999 recommendations. 1 

Update information is organized around six topic headings as in the 1999 Report. Under each head¬ 
ing. recommendations from the 1999 Report are briefly described, and update information and analysis 
are provided. 

1. Planning 

Government, advocacy, business, and religious organizations statewide must develop a long-range, 
coordinated plan to deal with the problem of racial harassment in schools. 

■ There is no coordinated, statewide plan for dealing with racial harassment in schools. In 
1999, a subcommittee of the Vermont Education Coalition was formed to address issues 
raised in the 1999 Report. This subcommittee, w'hich took the name Vermont Leadership for 
Equity, Anti-Racism, and Diversity in Schools (VT LEADS), included the leadership of the 
Vermont Department of Education's Safe Schools Program, the Vermont NEA, the Vermont 
Human Rights Commission, the Vermont Superintendents Association, the Vermont School 
Boards Association, the Vermont Institutes’ Equity Initiatives, and other education organiza¬ 
tions from around the state. 2 VT LEADS developed a five-point plan for addressing equity, 
anti-racism, and diversity issues that included (1) obligations and responsibilities of school 
leaders; (2) training for teachers and other school staff; (3) student-led efforts; (4) community 
outreach and engagement; and (5) public media campaign and Web site. 3 

VT LEADS’ ambitious plan was not carried out fully, due largely to the orgamzation’s lack of 
staff and funding and limited participation of members from outside the Montpelier area. 
The group met regularly during the 1999-2000 and 2000-2001 school years and sporadically 
after that. However, the w’ork of VT LEADS led to a number of significant initiatives, includ¬ 
ing a teacher-training program organized by the Vermont Institutes, the Vermont Depart¬ 
ment of Education, and other collaborating organizations. The Vermont Institutes’ Equity 
Initiatives Web site and “Schools Striving for Equity, Anti-Racism, and Diversity” recogni¬ 
tion program grew’ out of the planning work of VT LEADS. 4 


1 While it is beyond the scope of this report to cite every piece of relevant information that was presented in written or oral 
testimony, the Committee believes the following summary accurately represents the status of efforts to address racial har¬ 
assment m Vermont schools. 

2 Other participants included Governor Dean's office, Vermont Center for the Book, and the Community College of Vermont 
Angelo Dorta, president, Vermont NEA, letter to Marc Pentino, Eastern Regional Office, USCCR, and Eric Sakai, chairperson, 
Vermont Advisory Committee, Nov. 7, 2002. 

3 Kathy A Johnson, director of equity’ initiatives, the Vermont Institutes, letter to Enc Sakai, chairperson, Vermont Advisory 
Committee, Oct. 11, 2002; Robert Appel, director. Vermont Human Rights Commission, letter to Eric Sakai, Apr. 9, 2003. 

* See <http://www.vermontmstitutes.org/equity/>. 


5 




2. Publicity 

State officials, civil rights and civic organizations, business leaders, and concerned citizens must 
join forces to raise public awareness of the problem of racial harassment and its debilitating effects on 
minority and nonminority students alike. 

■ Although there have not been coordinated, statewide efforts to publicize the problem of racial 
harassment, many local initiatives have been well publicized and have received substantial 
media coverage. For example, a march in Montpelier on January 15, 2003, commemorated 
Martin Luther King Jr.’s birthday and brought more than 100 people (including approxi¬ 
mately 50 students and 30 general assembly members) to the Vermont State House to hear 
public comments in support of anti-harassment legislation (House Bill 113). A very well- 
organized program developed by the Burlington Anti-Racism Coalition attracted participa¬ 
tion by nearly 300 Burlington residents in 20 study circles that formulated plans to address 
racial harassment and related problems, such as racial profiling and housing discrimination. 

■ Three major conferences on diversity and anti-racism issues have been staged since the re¬ 
lease of the 1999 Report. On November 12, 2001, “Human Rights: How the Changing Face of 
the World Affects Vermont,” sponsored by the Burlington Peace and Justice Center and its 
Racial Justice and Equity Project, drew approximately 300 participants to presentations and 
workshops on racism and related topics. A conference on “Embracing a World of Diversity,” 
held in Burlington on April 9 and 10, 2002, focused on the state’s diverse and growing immi¬ 
grant population and the problems it faces in making a home in Vermont. On May 14, 2003, 
“Closing the Gap: Fulfilling the Promise of Student Success through Equity, Diversity, and 
Character Education” attracted over 150 educators from around the state to sessions dealing 
with race, class, and gender issues in K-12 education. Of particular note was a May 13 pre¬ 
conference training, “Investigating Incidents of Harassment,” that brought representatives of 
30 school districts to one of the few such trainings offered to date in Vermont. The training 
was coordinated by the Vermont Institute's Equity Initiatives and Region 1 of the National 
Association for Multicultural Education. The Vermont Department of Education provided fi¬ 
nancial support for the conference and training, with additional sponsorship or participation 
by 16 Vermont organizations. 5 

3. Training 

The Vermont Department of Education should allocate resources to ensure that all teachers re¬ 
ceive training to prevent harassment incidents, respond effectively when they occur, and select curricu¬ 
lar materials and instructional activities that are free of racial bias and stereotypes. 

■ Some schools and school districts have implemented promising programs for raising aware¬ 
ness of diversity issues and involving students in addressing harassment in schools, but most 
school administrators, teachers, and staff do not have adequate training to identify and re¬ 
spond to racial harassment incidents. Organizations such as the Vermont Institutes and the 
Brattleboro ALANA Commumty Organization have made significant efforts to monitor 
school responses to racial harassment and to disseminate best practices in fostering respect 
for diversity. The Vermont Department of Education has collaborated with representatives of 
educational associations, schools, and community organizations to offer teacher training in 
diversity issues and, more recently, in responding to harassment incidents. The department, 
in collaboration with the Vermont Institutes and VT LEADS, initiated a training program in 
the summer of 2000, under the auspices of the department’s BEST program (Building Effec¬ 
tive Support for Teaching Students with Behavioral Challenges). The curriculum employed 


5 Kathy A. Johnson, director of equity initiatives, the Vermont Institutes, e-mail to Marc Pentino, Eastern Regional Office, 
USCCR, m response to affected agency review, Sept. 15, 2003. 


6 





was “A World of Difference," developed by the Anti-Defamation League, 6 and the 22 educa¬ 
tors initially trained to be trainers brought the program to schools, colleges, and conferences. 
Despite the lack of central coordination of these trainings, 604 educators participated be¬ 
tween 2000 and 2002. During summer 2003, 59 additional educators received training to 
prepare them to use the “A World of Difference curriculum and Student Peer Training Pro¬ 
gram in their own and other Vermont schools. Thirty-three of these educators participated in 
a 45-hour Train-the-Trainers Institute, bringing the number of trainers to 55. 7 

■ It is extremely important to distinguish between training programs that focus on diversity 
issues, such as the BEST Summer Institute program described above, and training for teach¬ 
ers. administrators, and school staff that addresses effective responses to harassment inci¬ 
dents. The latter is not widely available to educators in Vermont. While diversity training is 
important in its own right and as a context for dealing with harassment incidents, the lack of 
a coordinated, statewide training program for responding to racial harassment incidents in 
schools is a serious deficiency that must be addressed. Former Department of Education 
Commissioner Raymond McNulty acknowledged this deficiency in his response to the Com¬ 
mittee's inquiry: “Through training programs, we are increasing the capacity of schools to re¬ 
spond appropriately to harassment without our assistance, but the pace of our efforts to build 
capacity within the system is insufficient to bring about the magnitude of change needed [em¬ 
phasis added].” 8 

The Vermont Department of Education should also provide teachers with training in racism. 
Current diversity training programs see racism and other “isms” primarily as a result of in¬ 
dividual bias and individual actions. Their premise is that with awareness and appreciation 
of individual differences harmony can be advanced. Training in racism, on the other hand, 
considers acts of prejudice to be derived from societal, cultural, and institutional beliefs that 
the dominant white race has used to subordinate other races in America. Racism training 
aims at exposing the social, cultural, and institutional beliefs that foster racism to under¬ 
stand how power by the dominant race is used to subordinate others. 

4. Enforcement 

The State Board of Education should be given statutory authority to monitor and enforce the 

compliance of school districts with harassment policy and reporting requirements. 

■ Under the current state public accommodations statute, schools are included in the definition 
of “places of public accommodation.” 9 Vermont law provides that a person aggrieved by dis¬ 
crimination in such places may file a charge of discrimination with the state Human Rights 
Commission (which has jurisdiction over racial discrimination complaints against schools) or 
bring an action for injunctive relief and compensatory and punitive damages, and other ap¬ 
propriate relief in superior court. 10 If after an investigation, the Commission believes there is 


6 For pre-kindergarten through 12th grade school communities, the Anti-Defamation League’s World of Difference Institute 
provides teachers with lessons to help students explore prejudice and bigotry, examine diverse viewpoints, assume leadership 
roles, and improve critical thinking skills. See <http://www.adl.org/awod/classroom.asp>. 

7 The theme of the 2003 conference was “Dealing with Conflict in Our Schools.” The 2004 conference theme will be “Bullying 
and Harassment." Kathy A. Johnson, director of equity initiatives, the Vermont Institutes, e-mail to Marc Pentino, Eastern 
Regional Office, USCCR, in response to affected agency review. Sept. 15. 2003. 

8 Raymond McNulty, commissioner, Vermont Department of Education, letter to Enc Sakai, chairperson, Vermont Advisory 
Committee, enclosure #1, Oct. 29. 2002. 

9 VT. STAT. ANN. tit. 9, § 4501(1) (2003) 

■° VT. STAT. ANN. tit. 9, §§ 4502, 4552(b) (2003). 


/ 



unlawful discrimination, it has the authority to seek a court injunction, compensatory and 
punitive damages, fines up to $10,000 per violation, and attorneys fees. 11 

As mentioned in part I, under Act 120, schools boards must develop administrative means to 
address illegal harassment in schools. 12 School boards must prohibit unlawful harassment, 
provide the definition of harassment in Vermont law, and present the consequences of and 
remedial action for violations. 13 Boards must also establish procedures for harassment com¬ 
plaints. 14 Students do not have a private right of action under the statute. 

Legislators and representatives of the Vermont Department of Education have struggled 
with proposed changes to liability provisions in existing state law for instances of harass¬ 
ment. In the 2003-2004 legislative session. Representative Mark Larson of Burlington intro¬ 
duced H.113, a bill addressing racial harassment in schools (see appendix 7). 15 The bill clari¬ 
fied the definition of racial harassment in schools and other public accommodations, and 
called for each school board to appoint civil rights officers. 16 

More importantly, the bill would have allowed victims of racial harassment in a school to 
seek injunctive relief and compensatory and punitive damages against the perpetrator of the 
harassment and hold the school and school district jointly and severally liable under Title 16 
of Vermont’s education law if it did not take prompt and appropriate remedial action to stop 
the conduct. 17 

In testimony to the House Education Committee, representatives of the Vermont Depart¬ 
ment of Education stated that the bill had “too much stick and not enough carrot”—that is, 
more emphasis on a punitive response than prevention. 18 The House Education Committee 
subsequently struck the provision m the bill allowing victims to seek compensatory and pu¬ 
nitive damages from perpetrators and the jomt and severally liability portion. However, the 
Education Committee left untouched a provision requiring schools to “take prompt and ap¬ 
propriate remedial action reasonably calculated to stop harassment.” This obligation would 
arise when a school receives actual notice of an alleged incident of harassment (see appendix 
6 for the revised bill). 19 

The bill was presented on the House floor for a second reading with this amendment and re¬ 
ferred to the House Judiciary Committee to address standards for liability, an area more 
within that committee's jurisdiction. 20 It should be noted that provisions allowing victims to 


" VT. Stat. Ann. tit. 9, § 4553(a)(6)(a-d) (2003). 

12 Vt. Stat. Ann. tit. 16, § 565 (2003). 

13 Ibid. 

M Ibid., § 565(l)(b)(c). 

15 H.R. 113, 2003-2004 Legis. Sess. (Vt. 2003). 

16 Ibid. 

17 Ibid., § 2. 

18 Robert Appel, director, Vermont Human Rights Commission, letter to Eric Sakai, chairperson, Vermont Advisory Commit¬ 
tee, Apr. 9, 2003, p. 4, reporting testimony of Doug Dows, safe schools director, and Charles Johnson, coordinator, Vermont 
Department of Education. 

19 For federal Title IX claims, the Supreme Court announced a “deliberate indifference” standard for student-on-student sex¬ 
ual harassment. In such cases, a private right of action can be brought only if the school was deliberately indifferent to sexual 
harassment, and had actual knowledge, and if the harassment was so severe, pervasive, and objectively offensive that it can 
be said to deprive the victim of educational opportunities or activities. See Davis v. Monroe, 526 U.S. 629, 652-653 (1999); 
Robert Appel, director, Vermont Human Rights Commission, e-mail to Marc Pentmo, Eastern Regional Office, USCCR, Sept 
15, 2003. 

20 David Larsen, commissioner of education, Vermont Department of Education, letter to Marc Pentino, Eastern Regional 
Office, USCCR, Sept. 15, 2003, p. 2. 


8 



seek compensatory relief that were struck from Bill 113 were similar to provisions originally 
proposed in what came to be Act 120. However, as in Bill 113 this provision did not survive. 21 

Racial harassment continues to be a senous problem in Vermont schools, according to avail¬ 
able data and testimony of school officials, community representatives, parents, and stu¬ 
dents. Over the past four years, and particularly in the course of hearing testimony during 
its 2002-2003 town meetings, the Committee learned of several instances in which school of¬ 
ficials evidently did not respond appropriately to racial harassment complaints. One case 
was litigated by the Vermont Human Rights Commission on behalf of harassment victim Pe¬ 
ter Bessette. When Bessette, a high school student at Missisquoi Valley Union High School 
in Sw'anton, reported that he was being harassed by one of his peers and feared for his 
safety, a school administrator responded that he should “build him self up”—that is. defend 
himself physically. 22 Bessette was later harassed again and suspended for hitting the perpe¬ 
trator with a crutch. The incident highlighted the need for harassment and diversity training 
at the high school. 23 The school subsequently held harassment training and used the “study 
circles” approach w r ith staff and students. 24 It plans to continue similar staff development ac¬ 
tivities this school year. 25 

According to a complaint filed in Washington County Superior Court in September 2001, a 
female student at Harwood Union High School w r as “subjected to an educational environment 
in school which w r as pervasively intimidating, hostile and offensive by reason of unwelcome 
racially based, ethnically based and gender based conduct towards her as a student and 
other students similarly situated.” 26 The complaint further asserts that, pursuant to state 
law, school officials “had an affirmative duty to promulgate, publish, implement and enforce 
a procedure for investigating reports of violations and complaints relative to the abusive and 
harassing behavior . . . and that [they] failed to comply with this duty.” 27 The complaint was 
ultimately dismissed on September 30. 2003. 28 


21 Yt Stat Ann. ut. 16. § 165 (2001). 

— Amended complaint for temporary restraining order. Vermont Human Rights Commission v. Missisquoi Valley Union High 
Board of School Directors, p. 2; See also Oral testimony of John Edwards to the Advisory Committee, Colchester, Feb. 14, 
2003. Brent Hallenbeck. “Rights Panel Seeks Student's Reinstatement." Burlington Free Press, May 16. 2002, p. 1, and 
“Judge Student Can Go to Prom.” May 17, 2002, p 1. 

23 Dr. John J McCarthy, superintendent of schools. Franklin Northwest Supervisory Union, letter to Marc Pentino, Eastern 
Regional Office, USCCR. Sept. 22. 2003. in response to affected agency review 

* Ibid. 

25 Ibid. 

26 Amended complaint. Celeste Washington. Martha Daley, and Arthur Washington v. Robert Pierce, principal of Harwood 
Union High School. Board of Education of the Harwood Union School District and the Harwood Union School District, No. 
492-9-01-WNCY (Washington County Superior Court). Sept. 14, 2001, p. 2. 

27 Ibid., p 4. 

28 In dismissing the case, the Superior Court applied the U S. Supreme Court’s Davis v. Monroe standard of “deliberate indif¬ 
ference" in sexual harassment cases to racial harassment. As noted in footnote 19 above, the standard requires schools to be 
deliberately indifferent to sexual harassment and have actual knowledge of incidents. The harassment must be so severe, 
pervasive, and objectively offensive that it deprives the victim of educational opportunities or activities. The Superior Court 
found that although the student sufficiently alleged that the harassment was “severe, pervasive, and objectively offense” un¬ 
der Davis, she did not produce evidence of deliberate indifference to instances of student misconduct. It should be noted that 
the Superior Court recognized that the Vermont Supreme Court has not addressed whether a claimed violation of the public 
accommodations act may be based on student-on-student harassment in schools. However, it found at least one Vermont Su¬ 
perior Court case had applied the Davis standard to public accommodations claims based on student-on-student harassment. 
The court also dismissed plaintiffs second claim alleging negligence. Opinion and Order on Defendant’s Motion for Summary 
Judgment, Celeste Washington, Martha Daley, and Arthur Washington v. Robert Pierce, principal of Harwood Union High 
School, Board of Education of the Harwood Union School District and the Harwood Union School District, No. 492-9-01- 
WNCV (Washington County Superior Court), Sept. 30. 2003, pp. 4—5. 


9 



(It should be noted that according to newspaper accounts, in June 1997 Mary Williams, the 
schools principal, and middle school principal Marta Cambra sent a letter to parents and 
guardians noting that discrimination, intolerance, harassment, and racism were “appropri¬ 
ate labels for behaviors that continue to be too common among Harwood students.”) 29 

With the assistance of the Vermont Corrections Department, Harwood subsequently devel¬ 
oped a school justice project to train 26 students and adults to use family group conferencing 
skills and peer mediation. Harwood also offered training to more than 30 students and adults 
m the use of study circle techniques developed by the Study Circles Foundation. Lastly, 
school justice project members participated in student exchange activities at Harwood and 
Twmfield Union High Schools. Harwood Umon High School plans to continue the school jus¬ 
tice project in the 2003—2004 school year. 

■ At the Committee’s first town meeting in Burlington, several parents reported that then- 
school officials or school boards did not respond to complaints of racial harassment directed 
at their children. One parent noted that her school board responded to her complaint by ob¬ 
serving that a response was unnecessary, since her children would soon be leaving the school 
system. 30 The Committee recognizes that such allegations of school inaction in the face of 
harassment complaints—as documented in the present report and in its February 1999 re¬ 
port—are not legal testimony subject to cross-examination or independent verification. The 
Committee further recognizes that, m many cases, school officials are not at liberty to reveal 
detailed information about harassment complaints or their disposition, due to confidentiality 
strictures. 31 At the same time, the dozens of racial harassment incidents painfully recounted 
to the Committee over the past four years by aggrieved parents and students simply cannot 
be dismissed as “anecdotal” or not credible for lack of responses from school officials. 

5. Reporting 

The commissioner of the Vermont Department of Education should require all schools to report 
annually on racial harassment incidents and their resolution, and he or she should report annually to 
the governor and legislature on systemwide compliance with the 1993 Anti-Harassment in Education 
Act. 32 


■ Under Vermont law, schools must develop and implement a comprehensive plan to meet 
school quality standards, including plans to ensure a safe, orderly, and civil environment 
that is free from harassment. 33 School boards are also required to report annually to their 
communities on how well individual schools meet this standard. 

■ The Vermont Department of Education does not yet have comprehensive, reliable data on ra¬ 
cial harassment incidents. The department, which monitors school board reporting to their 
community, stated that 93.4 percent of schools reported that they were in compliance with 
the requirement in 2001. However, the department also noted that, since it does not collect 
annual school reports, the data cannot be confirmed. Furthermore, the same statute requires 
school boards to adopt and enforce anti-harassment and hazing policies, but it appears that 
the department does not track the number of schools that have adopted anti-harassment and 
hazing policies and only confirms the existence and enforcement of such a school policy when 


29 Sky Barsch, "Former Harwood Student Suing School,” Bar re Montpelier Times Argus, July 29, 2003. 

30 Oral testimony of Martina Green to the Advisory Committee, Burlington, Nov. 20, 2002. 

31 State law exempts student records from public inspection except under provisions of the Federal Family Educational Rights 
and Privacy Act of 1974 (P.L. 93-380). Vt. STAT. ANN tit. 1, § 317(c)(ll). 

32 Vt. Stat. ANN. tit. 16, § 565 (1997). 

33 Vt. Stat. Ann. tit. 16, § 165 (2003). 


10 



it receives a parental complaint regarding the failure of a school to respond adequately to a 
harassment situation. 34 

■ In response to requirements of Act 120, the Vermont Department of Education began collect¬ 
ing data on hazing and harassment incidents. The data categorizes incidents by the type of 
incident (student-on-student or staff-on-student harassment, hazing, and bullying) and by 
the ostensible motivation (creed, disability, gender, national origin, race, sexual orientation, 
other). In the first year of reporting, some definitional confusion around the categories of 
harassment and hazing and misunderstanding about which schools were subject to the re¬ 
porting requirement produced data that was both unreliable and unverified (47 percent of in¬ 
cidents reported in the 2000-2001 school year were classified as “other”)- For the 2001-2002 
school year, more schools reported (304 versus 217 in the previous year), and incidents were 
more carefully categorized. The resulting data, which indicates that 25 percent of 2,551 re¬ 
ported incidents of harassment, hazing, and bullying were race related, suggests the magni¬ 
tude of the specific problem of racial harassment to school officials, who sometimes dismiss 
incidents as “teasing,” according to reports by parents of children of color. 

■ In its response to the Committee’s 2002 request for information for this project, the Vermont 
Department of Education noted that “current legislation requiring hazing/harassment data 
collection should be improved to clarify what data should be collected.” 35 In its 1999 Report, 
the Committee already made two recommendations related to reporting requirements: (1) 
that the department should develop a standard incident report form that allows parents and 
victims “to communicate formally instances of racial harassment to school personnel, record 
their understanding of the incident (including responses by school staff), and suggest ways to 
ameliorate the situation”; and (2) that school boards should be required to report annually on 
“the number of minority students, the number of racial harassment incidents in each school, 
the type of disciplinary action imposed upon the perpetrators, and the victim’s satisfaction 
with the resolution process.” 36 In its 1999 Report, the Committee recommended that the de¬ 
partment be given enforcement oversight authority to improve data collection and reporting. 
With the exception of victim’s satisfaction with the resolution process, the department col¬ 
lects this data. In its response to this report, the department noted that an “understanding of 
the victim's satisfaction would be difficult to obtain given state and federal laws that make 
the outcome of student disciplinary matters confidential.” 37 

6. Staffing 

The commissioner of the Vermont Department of Education should create at least one full-time 
position within the department solely to address racial harassment in schools. The Vermont Human 
Rights Commission should request funding from the Vermont legislature to increase staffing in order 
to effect more timely resolution of complaints of racial harassment in schools. 

■ In line with the Committee’s recommendation, the Vermont Department of Education cre¬ 
ated the position of safe schools coordinator in 2000 and hired one person to fill that position 
to respond to harassment incidents and to develop statewide prevention programs. However, 
one staff member cannot accomplish these duties. The staff person intervenes in harassment 


34 Raymond McNulty, commissioner, Vermont Department of Education, letter to Eric Sakai, chairperson, Vermont Advisory 
Committee, enclosure #1, Oct. 29, 2002. 

»Ibid. 

36 Vermont Advisory Committee to the U.S. Commission on Civil Rights, Racial Harassment in Vermont Public Schools, Feb¬ 
ruary 1999, pp. 66—67. 

37 David Larsen, commissioner of education, Vermont Department of Education, letter to Marc Pentino, Eastern Regional 
Office, USCCR, Sept. 15, 2003, p. 2. 


11 



incidents reported to the department, but there is widespread recognition and dismay—even 
from educators—that one person, however skilled, cannot possibly respond to all racial har¬ 
assment incidents, much less coordinate statewide programs and activities aimed at prevent¬ 
ing harassment. 38 The department itself acknowledged that “it is difficult to provide preven¬ 
tion services when the demand for intervention services exceeds available resources. That is 
the case with hazing and harassment.” 39 

To obtain more timely resolution of complaints, investigators with the Vermont Human 
Rights Commission maintain a “reasonable” caseload that allows them to complete most in¬ 
vestigations within six to 12 months. Because of the ongoing relationship and contact be¬ 
tween parties involved in school-based cases, the commission gives priority to harassment 
complaints and makes referrals to professional mediators when possible. Director Appel ac¬ 
knowledges that increased staff would shorten time frames for investigations, but he doubts 
that increases are possible, given current fiscal constraints. 40 

House Bill 113 introduced in the 2003-2004 session called for the creation of the position of 
school civil rights officer in each school as a means of mitigating the shortage of staff that 
adversely affects the completion time of commission investigations. Under the bill, two offi¬ 
cers would be appointed and trained to investigate harassment complaints. Unfortunately, 
the House Education Committee struck that provision from the draft legislation. 


38 In his response to the Committee's request for information, Jeffrey Francis, executive director of the Vermont Superinten¬ 
dents Association, also stated that the work of schools to prevent harassment and racism could be better supported if more 
resources were added. Jeffrey Francis, letter to Eric Sakai, chairperson, Vermont Advisory Committee, Oct. 17, 2002. 

39 Raymond McNulty, commissioner, Vermont Department of Education, letter to Eric Sakai, chairperson, Vermont Advisory 
Committee, enclosure #1, Oct. 29, 2002. 

40 Robert Appel, director, Vermont Human Rights Commission, letter to Eric Sakai, Vermont Advisory Committee Apr 9 

2003, p. 3. ’ 


12 



III. Summary 


Vermont has not escaped the racial prejudice that has afflicted our nation for centuries. In its 
1999 report, Racial Harassment in Vermont Public Schools, the Committee identified racial harass¬ 
ment as a pervasive problem that harmed minority as well as white children in the state's schools. In 
some cases, the problem was exacerbated by administrators not responding appropriately to inci¬ 
dents because of the lack of training and clear standards for schools to follow. 

The Committee hoped that the report would move legislators, educators, and business and reli¬ 
gious leaders to join forces to improve the safety and educational welfare of all Vermont's children. 
This would require making the elimination of racial harassment a statewide priority by state lead¬ 
ers, who could lend their coordinated efforts and leadership to the problem. To accomplish this goal, 
the Committee recommended that the state legislature give greater investigative and enforcement 
authority to the Vermont Department of Education (VDOE) and the Vermont Human Rights Com¬ 
mission (VHRC), two agencies best suited to spearhead the effort. By allocating sufficient funds and 
hiring additional staff, the agencies could work directly with local school boards, educators, and par¬ 
ents to handle complaints, develop appropriate bias-free curricula, and improve the overall school 
climate. 

In the three years since the report’s release, the Committee monitored many exemplary efforts 
undertaken by state agencies, schools, and community action organizations to accomplish these 
goals. By holding its town meetings and soliciting written responses to its questions from these enti¬ 
ties, the Committee learned of the considerable progress Vermont has made in addressing the prob¬ 
lem of racial harassment in schools and in the larger community, including (1) enactment of a new 
anti-harassment and hazing law (Act 120): (2) efforts by organizations, such as VT LEADS, to bnng 
together education leaders to coordinate their efforts to eliminate racial harassment; (3) major con¬ 
ferences and training programs on diversity and anti-racism issues; and (4) reallocation of staff and 
agency priorities by VDOE and VHRC to better address prejudice in the schools. However, the Com¬ 
mittee identifies four remaining problem areas: 

1. Racial and other forms of harassment continue to occur, as reported by VHRC, community 
groups, and victims. A significant number of incidents are race related, with some accompanied 
by physical altercations or senous threats of violence. As the Committee concluded m 1999, 
some administrators are not responding effectively to stop the incidents from reoccumng. 

2. There is no coordinated plan to address the problem among various education entities, state 
agencies, and advocacy organizations. Training of teachers, administrators, and school staff 
to develop a common understanding of appropriate responses to incidents has begun, but this 
needs to be instituted m a systemic, mandatory way. Appointing and training civil rights of¬ 
ficers in each school to receive and investigate complaints, as proposed in Vermont House of 
Representatives Bill 113, would help in this regard. 

3. Vermont lacks a comprehensive, reliable way to collect and analyze data on harassment inci¬ 
dents. Although VDOE began collecting data, it needs to provide more guidance to schools to 
guarantee the accuracy of the information. VDOE should give senous consideration to devel¬ 
oping a clear process for reporting, recording, and processing incidents. It needs direct over¬ 
sight responsibility to ensure that school systems collect data and report findings to the pub¬ 
lic. A standard incident report form should be developed for parents to formally communicate 
incidents of harassment and bullying to school officials. 


13 




4. VDOE’s and VHRC’s limited resources and fiscal constraints make it difficult to develop 
statewide harassment prevention programs and investigate all complaints. Both agencies 
need more staff to intervene when incidents occur and facilitate resolution of problems in 
schools. Given this reality, VDOE has an obligation to make best use of resources, reorder 
priorities, and develop effective solutions to the problem. Both agencies should urge the legis¬ 
lature to increase funding so that necessary resources can be provided and allocated specifi¬ 
cally to addressing harassment in Vermont public schools. 

The Committee commends the efforts that Vermont has made since 1999 to address the problem 
of racial harassment in its schools. There is a genuine commitment among many individuals and or¬ 
ganizations in the state to ensure that schools are safe learning environments for all students. In¬ 
deed, one of the challenges that remains for Vermont is to identify best practices that schools and 
communities have developed for dealing with the problem and implement them on a statewide basis. 

In recent years, there has been much discussion in Vermont of the need to be competitive in the 
global marketplace. Clearly, Vermont will be at a serious economic disadvantage if the stigma of big¬ 
otry deprives the state of a competent, diverse workforce and if our schools produce graduates who 
do not understand and respect differences among all people. Beyond this pragmatic consideration, 
the very high value that Vermonters place on strong communities is at nsk if we do not embrace the 
growing diversity of those communities. We have taken important steps in that direction; the real 
work lies ahead. 


14 


APPENDIX 1 


Act 120 (Anti-Harassment and Hazing Law of 2000, Vt. Stat. Ann. tit 16 § 565) 


§ 565. Harassment and hazing prevention policies 

(a) It is the policy of the state of Vermont that all Vermont educational institutions provide safe, or¬ 
derly, civil and positive learning environments. Harassment, hazing and bullying have no place and 
will not be tolerated in Vermont schools. No Vermont student should feel threatened or be discrimi¬ 
nated against while enrolled in a Vermont school. 

(b) Each school board shall develop, adopt, ensure the enforcement of, and make available in the 
manner described under subdivision 563(1) of this title harassment and hazing prevention policies 
w r hich shall be at least as stringent as model policies developed by the commissioner. In this section, 
the definitions of educational institution, organization, pledging, and student shall be the same as 
those in section 140a of this title. 

(1) The harassment prevention policy shall include: 

(A) A statement prohibiting harassment of a student. 

(B) The definition of harassment pursuant to subdivision ll(a)(26) of this title. 

(C) Consequences and appropriate remedial action for staff or students who commit har¬ 
assment. 

(D) A procedure that directs students and staff how to report violations and file com¬ 
plaints. 

(E) A procedure for investigating reports of violations and complaints. 

(F) A description of how the board will ensure that teachers and other staff members re¬ 
ceive training in preventing, recognizing and responding to harassment. 

(2) The hazing prevention policy shall include: 

(A) A statement that hazing, as defined in subdivision ll(a)(30) of this title, is prohibited. 

(B) A procedure that directs students and staff how to report violations and file com¬ 
plaints. 

(C) A procedure for investigating reports of violations and complaints. 

(D) Circumstances under which hazing may be reported to a law enforcement agency. 

(E) Appropriate penalties or sanctions, or both, for organizations which or individuals who 
engage in hazing, and revocation or suspension of an organization’s permission to operate 
or exist within the institution’s purview, if that organization knowingly permits, author¬ 
izes, or condones hazing. 

(F) A description of how the board will ensure that teachers and other staff members re¬ 
ceive training in preventing, recognizing and responding to hazing. 

(c) Each school district shall establish rules setting forth procedures for dealing with harassment and 
hazing of students which include: 

(1) Annual designation of two or more people within the institution to receive complaints and a 
procedure for publicizing those people’s availability. 

(2) A procedure for pubhazing the availability of the Vermont human rights commission and the 
federal Department of Education’s Office of Civil Rights and other appropriate state and federal 
agencies to receive complaints of harassment. 


15 



(3) A statement that acts of retaliation for reporting of harassment or for cooperating in an in¬ 
vestigation of harassment is unlawful pursuant to subdivision 4503(a)(5) of Title 9. 

(d) Annually, prior to the commencement of curricular and cocumcular activities, the school board 
shall provide notice of the policy and procedures developed under this section to students, custodial 
parents or guardians of students, and staff members. Notice to students shall be in age-appropriate 
language and should include examples of harassment and hazing. At a minimum, this notice shall 
appear in any publication of the school district that sets forth the comprehensive rules, procedures 
and standards of conduct for the school. The board shall use its discretion in developing and initiat¬ 
ing age-appropnate programs to effectively inform students about the substance of the policy and 
procedures in order to help prevent harassment, and hazing. 

(e) The commissioner shall develop and, from time to time, update model harassment and hazing 
prevention policies. 


16 


APPENDIX 2 


Conclusions and Recommendations from the Vermont Advisory Committee’s 1999 Report, 
Racial Harassment in Vermont Public Schools 


At its November 1997 community forum, the 
Vermont Advisory Committee received informa¬ 
tion from parents, students, State government 
officials, and community organization represen¬ 
tatives concerning incidents of racial harass¬ 
ment in both elementary and secondary public 
schools. The testimony gathered at the forum 
leads the Committee to believe that racial har¬ 
assment is widespread and pervasive in and 
around the State’s public schools and is a reflec¬ 
tion of overall race relations in the State. The 
Committee is deeply concerned for the safety 
and welfare of all students, particularly minori¬ 
ties, w f ho at times must confront these acts with¬ 
out assistance from school officials and State 
agencies. Panelists described the public schools 
as unfriendly and hostile to the needs of minor¬ 
ity students, a setting wherein racial slurs, epi¬ 
thets, and physical assaults occur. Panelists also 
described the general ostracism of minority stu¬ 
dents from the total school community. As a re¬ 
sult, minority students experience fear in at¬ 
tending schools and are reluctant to participate 
in school activities, adversely affecting their 
academic performance. 

According to many panelists, a climate of in¬ 
sensitivity exists in Vermont communities 
w'herebv residents exhibit general intolerance to 
others of different racial and ethnic back¬ 
grounds. This reality has served to inhibit the 
entire State’s ability to develop a level of sensi¬ 
tivity to civil rights issues unrelated to racial 
harassment. The Committee fears that the det¬ 
rimental effects of racism will be evidenced in 
today’s students long after completion of a par¬ 
ticular school year and graduation from the pub¬ 
lic school system. As students leave the school 
system, many maintain their racial stereotypes 
and may perpetuate harmful attitudes tow-ards 
minorities and feelings of animosity to others in 
the community 7 . In addition, students who have 
experienced racial harassment w 7 ill likely exhibit 
negative self-esteem, lowered self-confidence, 
and a sense of estrangement. These feelings may 


persist into adulthood and contribute to racial 
tensions in other contexts. 

As schools play a major role in making posi¬ 
tive changes for a community, it is vital that an 
emphasis be placed on ensuring that attitudes of 
racial intolerance are corrected at an early age. 
Messages of tolerance and sensitivity to minority 
concerns, transmitted to students and staff, can 
positively influence Vermont residents and can 
play a role in changing a culture of intolerance 
that currently exists. The following conclusions 
and recommendations are offered by the Advi¬ 
sory 7 Committee to summarize the report’s major 
findings and to provide proactive suggestions for 
Vermont leaders and educators. 

Conclusion 1 

Racism in Vermont Communities 

According to many panelists, acts of harassment, 
bigotry 7 , and violence have been directed at 
members of all racial and ethnic minority groups 
and frequently occur in the public schools. The 
Committee believes that these acts are merely a 
symptom of racism that is embedded within the 
larger Vermont community. As in many other 
States, racism has permeated into the very 7 fab¬ 
ric of Vermont life, undermining residents’ abil¬ 
ity to contribute to the productivity and stability 
of the State. It has also added to the statewide 
difficulty to launch and sustain vigorous civil 
rights protection for minority residents (chapter 
1, pp. 1-4, chapter 2, pp. 6-8, 11-13, 15-19, 20- 
30, 31-33, 48-50). 

Recommendation 1.1 

State officials, civil rights and civic organiza¬ 
tions, religious organizations, and business lead¬ 
ers must alert Vermont citizens that racism con¬ 
tinues to exist in the State, adversely affecting 
both minority and nonminority citizens in 
schools, the workplace, and in everyday interac¬ 
tion. State and community leaders must actively 
help develop a consensus that racism is no 
longer acceptable and must be eliminated. Rec¬ 
ognizing that this goal takes a sustained effort 


17 



over a long period of time, government, advo¬ 
cacy, business, and religious organizations must 
develop a long-range, coordinated plan to deal 
with the problem statewide. 

Conclusion 2 

Elimination of Racial Harassment 
as a Statewide Priority 

As the numbers of minority students increase in 
the State, information gathered at the forum 
and followup research suggest there will be a 
concurrent rise in the number of racial harass¬ 
ment incidents and that these incidents will not 
be adequately dealt with by school administra¬ 
tors or State agencies. Although there have been 
efforts by the State legislature to address this 
issue, it has not become a priority among school 
administrators, school boards, elected officials, 
and State agencies charged with civil rights en¬ 
forcement. In some instances, administrators 
and government leaders have denied the exis¬ 
tence of the problem and do not acknowledge the 
need for improvements in overall race relations 
within the State. The business community and 
private groups (who possess the knowledge and 
expertise in dealing with harassment) have not 
elevated the debate to the State level to direct 
public attention and promote meaningful solu¬ 
tions. Although the Committee repeatedly of¬ 
fered school administrators and government 
leaders an opportunity to present their view¬ 
points on the issue, only two administrators at¬ 
tended the forum, while one organization (and 
one government official) submitted written ma¬ 
terials to the Committee subsequent to the 
event. Their failure to respond, the Committee 
believes, is a reflection of general indifference 
and demal or avoidance of the problem of racial 
harassment (chapter 2, pp. 5, 8-11, 13-14, 17, 
27-29, 44-47). 

Recommendation 2.1 

As Vermont’s minority population increases, 
State officials, civil rights and civic organiza¬ 
tions, and business leaders must join forces to 
enhance community awareness that racial har¬ 
assment in public schools is a statewide problem 
adversely affecting minority and nonminonty 
students alike. The problem deserves immediate 
attention by all segments of the Vermont busi¬ 
ness, education, and religious communities. The 
Governor should provide direct and coordinated 
organization and leadership to raise the collec¬ 
tive consciousness to the problem of racial har¬ 


assment. It is only through coordination and 
broad community involvement that improve¬ 
ments will be made. Business and government 
agencies should pool their resources to develop 
appropriate educational programs and teaching 
plans, promote community outreach events, and 
issue public service announcements. Organiza¬ 
tions that should lend their support mclude eco¬ 
nomic development agencies, the business round¬ 
table, civic clubs, religious organizations, local 
chambers of commerce, and Vermont teach¬ 
ers/superintendents unions. These organizations, 
in coordination with State officials, should strive 
to promote a deeper understanding in every sec¬ 
tor of the State of the debilitating effects of ra¬ 
cism upon minority and majority students, school 
staff, and the surrounding community. 

Conclusion 3 

The Need for School-Based Responses to 
Incidents of Racial Harassment 

According to some panelists, even when alleged 
instances of racial harassment occur in schools, 
it has been reported that administrators are re¬ 
luctant to accept them as racial incidents and 
may deny the existence of racial bias in the pub¬ 
lic schools. Panelists reported that this problem 
may be due to administrators’ lack of training 
and ability to recognize and effectively respond 
to racism in the schools. Training that has been 
provided to teachers and administrators may not 
be successful in raising the consciousness or sen¬ 
sitivity of persons in the school system to prob¬ 
lems of racial bias. Although administrators are 
dedicated to their profession, many purportedly 
exhibit an inability to deal with persons of other 
races, lacking an understanding on how to in¬ 
struct students on ways to cope with cultural 
differences. As a result, admimstrators may fail 
to take appropriate steps to discipline the perpe¬ 
trators of racial harassment and lack skills to 
remedy the problem (chapter 2, pp. 5-6, 8-11, 
13-14, 27-29, 44-47, 51). 

Recommendation 3.1 

State lawmakers, local school boards, and ad¬ 
ministrators should support diversity in the pub¬ 
lic schools and actively strive to eliminate racial 
and other forms of harassment. More specifi¬ 
cally, the State Board of Education and the 
Commissioner of the Vermont Department of 
Education should allocate sufficient resources to 
provide preservice and in-service tr ainin g for all 


18 


teachers, thus underscoring the importance of 
the prevention of racial harassment. The goal of 
all training should be to develop a class of teach¬ 
ers who anticipate potential situations wherein 
harassment may occur and can act swiftly to 
remedy the problem. Training should include 
techniques to identify and prevent harassment 
in school settings and proper instruction on how 
to immediately resolve incidents when they are 
witnessed by staff or called to their attention. All 
training should stress the importance of school- 
based resolution of the problems so that referral 
of the incident to State agencies is viewed as a 
last resort. 

Conclusion 4 

The Ineffectiveness of Existing State Law to 
Address Racial Harassment and Compliance by 
School Boards 

Existing State law is deficient in addressing the 
problem of racial harassment on a systemwide 
basis. Vermont’s Anti-Harassment in Education 
law does not grant the Vermont Department of 
Education direct oversight responsibility for su¬ 
pervisory unions and local school boards with 
regard to racial harassment issues. In addition, 
the law does not provide any penalty provisions 
for the department to impose sanctions in the 
event particular boards fail to develop or imple¬ 
ment antiharassment policies and procedures. 
As found by the U.S. Department of Education's 
Office for Civil Rights, various school boards 
have not adopted provisions of the State model 
harassment policy and, in some cases, even ne¬ 
glected to adopt any policy. At present, schools 
report on the existence of racial harassment on a 
voluntary' basis to their local school boards. Be¬ 
cause this information is potentially damaging 
to the school, administrators may be reluctant to 
assess voluntarily their school’s compliance with 
the objectives of the statute, disciplinary actions, 
or the existence of racial tensions (chapter 1, p 
3, chapter 3, pp. 54-55). 

Recommendation 4.1 

The legislature should amend the Anti- 
Harassment in Education law to give the State 
Board of Education and the commissioner ad¬ 
ministrative and enforcement oversight author¬ 
ity over race-related issues m school districts so 
that stronger enforcement mechanisms and ap¬ 
propriate sanctions can be developed. This will 
enable the Department of Education to deter¬ 
mine whether school boards have failed to de¬ 


velop and implement antiharassment polices 
and procedures that conform to the State model. 
Directing the commissioner to impose stricter 
standards for oversight should improve better 
data collection and reporting and compliance 
with the Anti-Harassment in Education law by 
individual schools. 

Recommendation 4.2 

The State Board of Education should make the 
elimination of harassment against any student a 
major agenda item of the State school system. 
The State Board should require disciplinary ac¬ 
tion for students who harass their peers. The 
disciplinary action should be commensurate to 
the severity of the offense and students should 
be aw’are that repeat offenses will result in 
greater consequences. The State board should 
lead the systemwide effort to instill in teachers a 
greater appreciation of minority student con¬ 
cerns. The State board should actively support a 
comprehensive training program on the State 
policy, the State Anti-Harassment in Education 
law, and proper disciplinary options that could 
stop racial harassment from occurring. The 
State board should ensure that this training 
program has taken place and report annually to 
the Governor and legislature on training pro¬ 
grams implemented in State schools. 

Recommendation 4.3 

Schools should report their compliance with the 
Anti-Harassment in Education law in their an¬ 
nual school report submitted to the Vermont 
Department of Education. The commissioner 
should require all school boards to compile and 
report the number of minority students, the 
number of racial harassment incidents in each 
school, the type of disciplinary actions imposed 
upon the perpetrators, and the victim’s satisfac¬ 
tion with the resolution process. This informa¬ 
tion will enable department staff to assess pro¬ 
gress by keeping a record of: 

1. The total number of complaints registered 
with schools, school boards, supervisory un¬ 
ions and/or the Human Rights Commission. 

2. Whether perpetrators receive appropriate 
disciplinary action for acts of harassment. 

3. Whether supervisory unions, school boards, 
school districts, and individual schools em- 


19 


ploy effective measures to prevent racial har¬ 
assment incidents. 

4. Whether schools experiencing a high number 
of incidents have endeavored to improve the 
overall school climate. 

5. Individual outcomes of cases. Every effort 
should be made to ensure that information 
collected will remain confidential. 

Recommendation 4.4 

The Vermont Department of Education should 
consider developing an incident report form for 
distribution and use in schools. This form will 
allow parents and victims to communicate for¬ 
mally instances of racial harassment to school 
personnel, record their understanding of the in¬ 
cident (including responses by school staff), and 
suggest ways to ameliorate the situation. Once 
completed by the parent, the form can be used 
by administrators and/or Vermont State en¬ 
forcement agencies to resolve the case. 

Recommendation 4.5 

The Vermont Commissioner of Education should 
report annually to the Governor and legislature 
on systemwide compliance with the Anti- 
Harassment in Education law and make the re¬ 
sults of this report available to the public. 

Conclusion 5 

Inadequate Staffing at 

the Vermont Department of Education 

The Vermont Department of Education brought 
to the Committee’s attention senous staff short¬ 
ages and limited resources available to the de¬ 
partment to combat the problem of racial har¬ 
assment. Because of this staff shortage, it is dif¬ 
ficult for the department to set the elimination 
of racial harassment as a statewide priority and 
conduct statewide assessments of the effective¬ 
ness of local efforts to promote bias-free school 
environments. It also becomes difficult for the 
department to help districts implement profes¬ 
sional development programs around this issue 
and serve as a source for local schools for techni¬ 
cal expertise (chapter 3, pp. 55-57). 


Recommendation 5.1 

The Commissioner of the Vermont Department 
of Education should create at least one full-time 
staff position within the department solely to 
address racial harassment and promote racial 
and ethnic tolerance. This staff person would 
assess the overall success or failure of a school’s 
attempts to promote a bias-free environment 
and assist school districts. The Advisory Com¬ 
mittee recommends that the commissioner re¬ 
quest additional funds from the legislature to 
support this initiative. We also recommend that 
the legislature approve this request for in¬ 
creased funds. 

Recommendation 5.2 

The Commissioner of the Vermont Department 
of Education should mandate that schools de¬ 
velop and provide each parent with information 
on ways to register their complaints with either 
the Vermont Department of Education, the Hu¬ 
man Rights Commission, or the U.S. Depart¬ 
ment of Education’s Office for Civil Rights. The 
information should describe what steps each 
educational entity and State enforcement agency 
must take when complaints are received and the 
level of monitoring and followup that will occur. 

Conclusion 6 

Use of Racially Biased Curriculum Material 
and Lesson Plans 

Senous curriculum issues exist in the State’s 
public schools. In some instances, teachers em¬ 
ploy curriculum materials and lesson plans that 
promote racial stereotypes. There appears to be 
no statewide effort to ensure that the Vermont 
school curriculum is free of racial bias (chapter 
2, pp. 10-14, 18-20, 31-34, 43-44, app. 7). 

Recommendation 6.1 

The Vermont Department of Education should 
take a leadership role in developing and dis¬ 
seminating to all school districts comprehensive, 
age-appropnate curricula that celebrate diver¬ 
sity, teach respectful behavior to all people, and 
develop skills to handle conflict. 

Recommendation 6.2 

Vermont schools should incorporate multicul¬ 
tural learning materials in individual schools 
that reflect the diversity of the State population 
and not simply the diversity present in the indi¬ 
vidual classroom in any given school year. 


20 


Schools should endeavor to promote better toler¬ 
ance among students by incorporating into les¬ 
son plans anti-bias curricula and information 
regarding diversity issues. 

Recommendation 6.3 

The Commissioner of the Vermont Department 
of Education and local school boards should de¬ 
velop a joint task force to assist school reviews of 
curriculum materials. The commissioner and 
school boards should notify schools when they 
are found to be using a curriculum that pro¬ 
motes racial stereotypes. 

Recommendation 6.4 

The Advisory Committee encourages schools to 
conduct mandatory teacher and staff training on 
the issues of racial harassment and proper cur¬ 
riculum selection and development. 

Conclusion 7 

Reviews and Assessments Pursuant to 
the Equal Educational Opportunity Act 

The 1997 Equal Educational Opportunity Act 
(Act 60) is an effort by State legislators to equal¬ 
ize school funding across school district lines and 
to promote overall school quality. The act man¬ 
dates the Commissioner of the Vermont De¬ 
partment of Education to conduct assessments of 
each school to determine if educational opportu¬ 
nities are substantially equal to those provided 
in other schools. However, the act is silent on 
the issue of racial harassment of minority stu¬ 
dents and the reporting by each school of its ef¬ 
forts to prevent racial harassment and foster 
safe and harassment-free environments (chapter 
3, pp. 54—55). 

Recommendation 7.1 

The Advisory Committee urges the Commis¬ 
sioner of the Vermont Department of Education 
to include in his school quality determination an 
assessment of the existence of bias-free learning 
environments in each school. 

Conclusion 8 

Difficulties in Processing Complaints by the 
Vermont Human Rights Commission 

The Vermont Human Rights Commission, the 
only State agency specifically empowered to in¬ 
vestigate racial harassment incidents, does not 
have sufficient resources to address effectively 
incidents in the schools once they are reported. 


When complaints are made to the agency, par¬ 
ents of minority students experience long delays 
between the time a complaint is filed and a “rea¬ 
sonable grounds” determination is made. This is 
due in part to the small number of staff and the 
infrequency m which commissioners meet to dis¬ 
cuss cases. Even when the commission issues a 
“reasonable grounds” finding, additional delays 
may occur while an appropriate remedy is fash¬ 
ioned by the agency, victim, and school district. 
For this reason, minorities are reluctant to come 
forward with their concerns and feel that assis¬ 
tance from State agencies will not be forthcom¬ 
ing. The experience of persons dealing with the 
Human Rights Commission is that they are not 
informed of the status of their complaints. This 
has resulted in frustration by parents. In addi¬ 
tion, complaint processing delays often have se¬ 
rious implications for students who must con¬ 
front harassment on a daily basis. In some in¬ 
stances, a parent who files a complaint at the 
beginning of a school year may not receive notice 
from the Human Rights Commission that it has 
found reasonable grounds supporting a charge of 
discrimination until a substantial portion of the 
school year is over. It is also likely that some 
charges may not be investigated and completed 
before a student graduates from elementary to 
middle, or middle to high school. Assuming the 
perpetrator is approximately the same age as 
the victim, the student(s) perpetrating the har¬ 
assment may end up m the same school (or 
classroom) as the victim. Parents reported that 
having to “start over" with administrators m the 
new school is problematic, given the fact that 
they are not aware of the seventy of the perpe¬ 
trator's previous offenses or their effect upon the 
victim. Parents at the forum underscored that it 
is at this time when their children are most vul¬ 
nerable for repeat instances of racial harass¬ 
ment (chapter 2, pp. 11-13, 22-27, chapter 3, pp. 
5 1 — 61 ). 

Recommendation 8.1 

The Vermont Human Rights Commission should 
request (and the legislature provide) increased 
funding so that it can commit sufficient re¬ 
sources to the timely resolution of racial har¬ 
assment complaints m public schools. Given the 
damaging effects upon children and the commu¬ 
nity at large, racial harassment complaints 
should be given high priority. When incidents of 
harassment are reported and “accepted” by the 


21 



commission, staff should immediately communi¬ 
cate with the victim’s parents in writing to in¬ 
form them of anticipated processing time and 
steps that will be taken on their behalf. Com¬ 
mission staff should make every effort to process 
complaints in a timely manner and seek to ex¬ 
pedite resolution of the charge. Commission staff 
should promptly convene a meeting with the vic¬ 
tim, the perpetrator, and his or her parents to 
gather information and remedy the problem. 

In the event both the perpetrator and victim 
have matriculated into the same school, the 
commission should ensure that administrators 
are informed of the perpetrator s prior conduct. 
Throughout the commission’s investigation, staff 
should contact parents monthly to inform them 
of the ongoing status of their complaint. 


Recommendation 8.2 

The Vermont Department of Education should 
develop a coordinated system to process racial 
harassment complaints in public schools. The 
department should work with the Human Rights 
Commission and the U.S. Department of Educa¬ 
tion’s Office for Civil Rights to accomplish this 
objective. This information sharing system should 
include the periodic reporting by agencies of their 
intake and disposition of racial harassment cases. 
The agencies should develop a comprehensive 
brochure describing the roles and responsibilities 
of each agency and the complaint resolution proc¬ 
ess that can be distributed to parents, teachers, 
and students. These efforts will assist in eliminat¬ 
ing confusion experienced by parents who initiate 
a complaint to public agencies. 


22 


APPENDIX 3 


Statement of Concern, Racism and Harassment in Vermont Public Schools and 
Communities, Vermont Advisory Committee, October 2002 


In its 1999 report, Racial Harassment in Vermont Public Schools, the Vermont Advisory Com¬ 
mittee to the U.S. Commission on Civil Rights (the Committee) concluded that racial harassment 
was both frequent and common across all grade levels and that school personnel were ill equipped 
and poorly trained to respond appropriately to incidents. The Committee recommended changes for 
the Vermont Department of Education, local school boards, and public officials, as well as legislative 
improvements. The report evoked resonance within the civil rights community and served as a key 
reference on the topic. Indeed, soon after the report was released, a groundswell of activity com¬ 
menced through advocacy organizations, education officials, church groups, and parents to better 
monitor racial tensions in schools to ensure safe learning environments and act upon many of the 
Committee's recommendations. 1 

Since releasing its report, the Committee continued its interest in the topic of racial harassment 
and racism, embarking on a new senes of activities to renew attention to this problem. In September 
2002, the Committee wrote to educators, public officials, education association members, and organi¬ 
zation representatives seeking update information about racial harassment in schools and how legis¬ 
lative and grassroots initiatives succeeded or failed to achieve their desired goals. To gather addi¬ 
tional information, the Committee is planning town hall style meetings in various parts of the state 
in the coming months beginning with Burlington on November 20, 2002, followed by other meetings 
in 2003. The town hall meetings will create an opportunity for the Committee to learn more about 
progress as well as problems in addressing racial harassment in schools. These meetings will also 
facilitate open discussion of the issues between community leaders, local officials, and the public. 
Afterward, the Committee plans to issue a summary statement of concern based on the information 
it collects both at the town hall meetings and from responses to its wiitten inquiries. The summary 
statement will provide an update on selected topics raised in its 1999 report, including current efforts to 
address racism and racial harassment in the state, and successful exemplary programs that may be 
considered as possible solutions or models in the future. 

The Committee issues this statement to provide a context and starting point for discussion and 
action, and makes the following observations: 

■ The Committee believes that problems cited in its 1999 report persist despite significant ef¬ 
forts to find solutions. Moreover, the Committee believes that racism and racial harassment in 
schools are symptoms of a much larger problem of intolerance in Vermont communities. 

■ The Committee has learned of severe harassment cases, w r hich may have been exacerbated by 
school administrators’ failure to respond effectively to end harassing conduct. The Advisory 
Committee is concerned that, following incidents of harassment, schools may fail to protect 
the victim from further harassment and do not take effective disciplinary action against the 
perpetrator. This is inconsistent with state law- mandating anti-harassment procedures im¬ 
plemented by school boards. 


1 Some of the positive developments occurring after the report’s release include a) a joint resolution by the Vermont Senate and 
House of Representatives conde mnin g racism in Vermont communities and vowing to address the problem; b) enactment of a new- 
state law increasing the Vermont's Department of Education's regulatory authority; c) efforts by various state education associa¬ 
tions to ease tensions in schools; and d) forums, discussion groups, and advocacy work by community organizations. 


23 




■ The Vermont Department of Education and various education/professional associations insti¬ 
tuted laudable programs to both respond to incidents and improve overall school climate. 1 2 
The Department has begun a safe schools project and a character education project to help 
start mediation sessions in schools; and education associations have informed their members 
of the problem and conducted training and discussion groups. However, staffing resources and 
assistance offered to schools may not be enough to address the problem on a systemic, statewide 
basis. We are interested m probing into the reasons for these deficiencies. The Committee be¬ 
lieves that schools should strive to implement best practices and use all available resources. 

Most of the efforts by schools and educational and community organizations to address racial har¬ 
assment have been aimed at increasing understanding of and respect for diversity. This is a critically 
important goal, and it is appropriate that schools take the lead in the effort, since schools are our best 
hope for promotmg social change and a better future for our children. However, the Committee is con¬ 
cerned that fostering awareness of diversity may be confused with the equally important goal of confront¬ 
ing racism, racial bullying, and other forms of discriminatory harassment. Achieving this goal requires a 
determined effort to enforce anti-harassment policies and to deal forthrightly with racial harassment and 
bullying incidents as well as other forms of discriminatory behavior. Schools are legally required to make 
this effort, which is also necessary to ensure a safe learning environment for all students. 

The Vermont Advisory Committee to the U.S. Commission on Civil Rights 

The U.S. Commission on Civil Rights is an independent, bipartisan agency of the federal gov¬ 
ernment. Its members, appointed by the President and Congress, are Chairperson Mary Frances 
Berry, Vice Chairperson Cruz Reynoso and Commissioners Jennifer C. Braceras, Christopher Edley 
Jr., Peter N. Kirsanow, Elsie M. Meeks, Russell G. Redenbaugh, and Abigail Thernstrom. Les Jin is 
staff director. Ki-Taek Chun is director of the Eastern Regional Office. The Commission has advisory 
committees in all states and the District of Columbia to assist in its fact-finding function. Commit¬ 
tees receive reports, suggestions, and recommendations from individuals, public and private organi¬ 
zations, and public officials, and forward advice and recommendations to the Commission. The Ver¬ 
mont Advisory Committee is one of 51 such committees whose members serve without compensation. 

Members of the Committee are Chairperson Eric D. Sakai of Randolph, Wanda M. Arce of Mil¬ 
ton, Hugo Martinez Cazon of Burlington, Kimberly B. Cheney of Montpelier, M. Jerome Diamond of 
Montpelier, Pat Elmer of Alburg, Melanie S. Gustafson of Burlington, Philip H. Hoff of Burlington, 
Noah Kitty MAHL of Brattleboro, Charles E. Memusi Johnson of Thetford, Michael P. Reilly of Bur¬ 
lington, Christopher D. Roy of Burlington, Karen F. Saudek of East Montpelier, and John Tucker of 
Burlington. For additional information about the Committee’s upcoming activities contact: 


Eric Sakai 
Chairperson 

Vermont Advisory Committee 
U.S. Commission on Civil Rights 
802-828-0133 (Voice) 
8akaie@mail.ccv.vsc.edu 


Marc Pentino 

Eastern Regional Office 

U.S. Commission on Civil Rights 

624 9th Street N.W. Suite 500 

Washington, D.C. 20425 

202-376-7533 (Voice) • 202-376-7548 (Fax) 

mpentino@usccr.gov 


1 The Committee notes two initiatives here a statewide teacher training program on diversity issues, cosponsored by the 

Vermont Department of Education and a coalition of state education association representatives, advocates and community 
leaders; and the Vermont Civility Project, a program initiated by the Vermont Department of Education to respond to har¬ 
assment in schools. 


24 




APPENDIX 4 


List of Government Officials, Community Organization Representatives, and Educators 
Receiving the Committee’s Questions 


Government Officials 

■ VT Human Rights Commission (Robert Appel, director) 

■ VT Department of Education (Commissioner Ray McNulty) 

■ VT Attorney General-Civil Rights Unit (Katherine A. Hayes, dir., assistant AG) (former) 

■ VT Department of Public Safety-Criminal Information Center (Max Schlueter, director) 

■ VT State Police (Lt. Col. Thomas A. Powlovich, director, Lt. Craig Iverson, director of training) 


Community Representatives 

■ First Unitarian Universalist Society (Rev. Gary Kowalski) 

■ CEROS/Umted Way (Heather Iono, coordinator) 

■ ReVisions (Merrvn Rutledge, president) 

■ VT American Civil Liberties Union (Benson Scotch, executive director) 

■ VT Institute for Science, Math and Technology (Kathy Johnson, director of equity initiatives) 

■ VT Legal Aid (Enc Avildson, executive director) 

■ VT State Center for Independent Living (Deborah Lisi-Baker, executive director) 


Education Unions/Associations 

■ VT Principals’ Association (Scott Blanchard, executive director) 

■ VT Superintendents Association (Jeff Francis, executive director) 

■ VT School Boards Association (Edith Miller, executive director) 

■ VT National Education Association (Angelo Dorta, president) 


School Districts 

■ Burlington School District (Betsy Liley, grants & special projects director) 

■ Chittenden Central Supervisory Union (Michael Deweese)* 

■ Fra nklin Central Supervisory Union (Terence Keating, assistant superintendent) 

■ Chittenden East Supervisory Union (Gail Conley, superintendent) 

■ South Burlington School District (Bruce Chattman, superintendent) 

■ Colchester School District (Pamela Carnahan, superintendent) 

■ Windham Central Supervisory Union (Cheryl Ruth)* 

■ Addison-Rutland Supervisory Union (Ronald Ryan, superintendent) 

■ Rutland Central Supervisory 7 Union (John Kaldy, superintendent) 

■ Washington Central Supervisory Union (Robbe Brook, superintendent) 


* Indicates no response. 


25 




APPENDIX 5 


Questions to Government Officials, Community Organization Representatives, 
and Educators 


VT Human Rights Commission 

(Robert Appel, director) 

With regards to incidents of harassment and hazing in public schools, we have the following 4 ques¬ 
tions. 

1. Please describe the circumstances that prompted the Commission to make racial harassment in 
public schools a top enforcement priority. Given this priority, what has the Commission done or 
plan to do to meet its objectives? 

2. Which state agencies examine and evaluate the effectiveness of Vermont law on harassment 
and hazing in the public schools and communities? Please describe what work the Commission 
has done in this area. 

3. In what ways has the Commission’s efforts to eliminate harassment in Vermont schools and 
communities been hampered by inadequate funding or staffing, or limited jurisdiction? What 
legislative changes or new legislation would the Commission or staff suggest to improve ex¬ 
isting civil rights laws in Vermont? 

4. When students encounter harassment, some ultimately file lawsuits against schools for civil 
rights violations. 

a) How many lawsuits have been filed against schools either by parents, students, the 
Commission, or outside parties in each of the last 5 years? 

b) In those schools that have been sued, what changes have taken place since the lawsuit? 

c) What resources and assistance does the Commission provide to help schools bring 
about changes when sued? 

The Committee is also interested in getting information regarding the overall racial climate in the 
state. 

5. Please provide the number of incidents of harassment or racial tension reported to you dur¬ 
ing each of the last 5 years. How do you learn of incidents—are they reported directly to you, 
referred by other agencies, etc.? There may be incidents reported in the media but not re¬ 
ported to you as a complaint. If there were, please provide the number of incidents you 
learned of for each of the last 5 years. 

6. Please describe the routine information sharing that exists between the Human Rights 
Commission, the Department of Education, the Vermont Attorney General’s Office, school 
personnel, and other state agencies concerning incidents of harassment and racial tension. 

7. The Committee learned of the Commission’s plans to disseminate information to the public 
on harassment, how to file a complaint, legal remedies, etc. What actions is the Commission 
planning to take? 


26 



VT Department of Education 

(Ray McNulty, commissioner) 


1. Which state agencies examine and evaluate the effectiveness of Vermont law on harassment 
and hazing m the public schools and communities? Please describe what work the Department 
has done in this area. 

2. Under Vermont law 16 VSA § 565, each school board is required to adopt and enforce anti¬ 
harassment and hazing policies. 

a) How does the Department monitor whether or not schools are in compliance with the 
law? 

b) How many schools are in compliance? 

3. Under Vermont law 16 VSA § 164, the state board of education is required to submit annual re¬ 
ports regarding the numbers and types of harassment or hazing complaints and responses to 
those complaints. 

a) How do you collect information needed for this report? 

b) Please provide a copy of these reports for each of the last 3 years. 

4. Under Vermont law 16 VSA § 165, schools must develop and implement a comprehensive plan 
to meet school quality standards including plans to ensure a safe, orderly, and civil environment 
that is free from harassment. School boards are required to report annually to their community 
how individual schools meet this standard. 

a) Does the Department monitor this reporting? 

b) What proportion of schools are complying with this requirement? 

c) If the Department does not monitor this reporting, which agency or entity does? 

5. When students encounter harassment, some ultimately file lawsuits against schools for civil 
rights violations. 

a) How many lawsuits have been filed against schools either by parents, students, the De¬ 
partment, or outside parties in each of the last 3 years? 

b) In those schools that have been sued, what changes have taken place since the lawsuit? 

c) What resources or assistance does the Department provide to help schools bring about 
change when sued? 

6. Please describe the Department’s programs designed to help teachers, superintendents, prin¬ 
cipals and staff to respond to harassment and hazing incidents, including 

a) the number, frequency, and duration of training sessions statewide provided in the 
last 3 years, and 

b) the target audience. 

7. In what ways has the Department’s efforts to eliminate harassment in Vermont schools and 
communities been hampered by inadequate funding or staffing, or limited jurisdiction? What 
improvements would you recommend in existing state law or state board of education poli¬ 
cies, rules, practices, and activities to eliminate harassment in public schools? 

8. Under the Framework of Standards and Learning Opportunities (issued in Fall 2000), 
schools strive to meet agreed upon goals or objectives. What proportion of schools have devel¬ 
oped or implemented programs to reach goals regarding: cultural expression (4.3), effects of 
prejudice (4.4), concepts of culture (6.13), and diversity (6.14)? 

9. The Department has instituted a “safe schools” project and received a grant for a “character 
education” project following new state law mandating safe and healthy lear nin g environments. 


27 





a) To what extent have these programs achieved their goals? 

b) Is the level of staffing and funding sufficient to achieve the goals and respond to the 
concerns expressed in the minority community regarding harassment in schools? 

c) Please describe the mediation or alternative dispute resolution services conducted by 
the project coordinators in the past 3 years in public schools to resolve harass¬ 
ment/hazing incidents. How useful do you think they were? 

Please provide the Committee with a copy of the 2001 school quality standards report(s). 


VT Attorney General—Civil Rights Unit 

(Katherine A. Hayes, director, assistant AG) (former) 

1. Please provide the number of incidents of harassment, racial tensions, or hate crimes the at¬ 
torney general s office received for each of the last 5 years? What proportion of these is school 
related? 

2. The 1999 amendments to the Vermont Hate Crimes Act expand the ability of victims of hate 
crime victims to seek injunctions in Superior Court. 

a) Please provide information on the number of injunctions sought, and the nature of 
the relief requested. 

b) Which state or local agency collects this information? 

c) How does the attorney general assist victims seeking injunctions? 

3. We understand that the Attorney General’s office plans to provide assistance to the Vermont 
Department of Education to address schools’ failure to adopt policies and procedures to stop 
harassment. Please provide details regarding this assistance including when the assistance 
will begin. 


VT Department of Public Safety 

(Dr. Max Schlueter, director, Cnmmal Information Center) 

1. In the Committee’s 1999 Racial Harassment in Vermont Public Schools report, we noted the 
Center’s collection of bias-related crime data (including assaults involving students in public 
schools and colleges) from state and local police departments. What is the number of bias- 
related crimes reported during each of the last 5 years, disaggregated by race, age of victim, 
and location (i.e., primary, secondary, or post-secondary schools)? 


VT State Police 

(Lt. Col. Thomas A. Powlovich, director) 

1. In the past it was reported that some police officers are not trained to recognize, or fail to ac¬ 
curately classify, hate crimes in official police reports. What training is provided to address 
this issue including the ability to recognize cnmmal acts that may be racially motivated? 

2. When officers respond to school-based violence or racially motivated incidents in schools, 
what policies or procedures govern the action of responding officers? Is this response to 
school-based incidents different than that employed outside the school setting? 

cc: Lt. Craig Iverson, director of training 


28 


COMMUNITY REPRESENTATIVES 

Unitarian Universalist Society 
CEROSAJnrted Way 
Revisions 
VTACLU 

VT Institute for Science, Math and Technology 
VT Legal Aid 

VT State Center for Independent Living 

1. With regard to racial harassment in schools, in what proportion of these cases has your or¬ 
ganization become involved in by providing assistance, contacting victims, referrals to other 
agencies, etc.? 

2. How many cases or incidents has your organization referred to the Vermont Human Rights 
Commission in the last 3 years? In what proportion of these cases does the Human Rights 
Commission provide feedback to your organization on the case outcomes? 

3. WTiat support do you provide to students and families of students who are the victims of ra¬ 
cial harassment? In what proportion of cases are you able to provide support? 

4. Are you aware of the Department of Education’s “safe school” and “character education” pro¬ 
jects? If so, do you think they have been effective in preventing future harassment incidents? 

5. Please describe programs or practices your organization has tried in the state to address ra¬ 
cial harassment and racism, and/or promoting equity, anti-racism, and diversity which you 
found useful and are willing to repeat? 


EDUCATION UNIONS/ASSOCIATIONS 

Scott Blanchard, executive director, VT Principals' Association 
Jeff Francis, executive director, VT Supenntendents Association 
Edith A. Miller executive director, VT School Boards Association 
Angelo J. Dorta, president, VT National Education Association 


1. VVhat collaborative efforts has your organization (and its standing committees or local affili¬ 
ates) made with community groups to eliminate harassment in schools? 

2. Describe your organization’s work since 1999 to improve racial tensions in Vermont schools 
and increase awareness of the problem among your standing committees or local affiliates. 

3. In the past 3 years, has your organization conducted surveys of racial tensions or school com¬ 
pliance with anti-harassment and hazing laws? If so, can you provide us wnth the results? 


SCHOOL DISTRICT SUPERINTENDENTS 

(Addison, Chittenden, Burlington, Rutland, Washington) 

1. With regard to racial harassment and hazing in schools, 

a) what mechanisms are in place to track the frequency of incidents, and 

b) how many incidents have occurred in schools in your district in each of the last 3 
years? 

2. As you know, state law requires an investigation of allegations of harassment. How many in¬ 
vestigations were conducted in your district for each of the last 3 years? 


29 


3. When students encounter harassment, some ultimately file lawsuits against schools for civil 
rights violations. 

a) How many lawsuits have been filed against schools either by parents, students, the dis¬ 
trict, or outside parties in each of the last 3 years? 

b) In those schools that have been sued, what changes have taken place since the lawsuit? 

c) What resources does your district provide to help schools bring about change? 

4. By law. school boards are required to have harassment prevention policies in place. What 
proportion of schools in your district have a policy as required? How do you monitor compli¬ 
ance by individual schools? 

5. Since 1999, what support does school principals, teachers, or staff in your district provide to 
parents of students following incidents of harassment? What training has been provided to 
school principals, teachers, or staff to respond to harassment incidents and prevent their fu¬ 
ture occurrence? 

6. For your district as a whole, please describe the staff resources allocated to address harass¬ 
ment issues as a proportion of total staff resources and full-time and equivalent staff? 

7. Have schools in your district sought the advice of community groups as resources in develop¬ 
ing effective harassment prevention strategies, If so, how have they sought this advice and 
what were their suggestions? 

8. Does your district use particular curriculum or materials to enhance the understanding of 
different cultures and civil rights concerns? If so, what materials or curriculum have been 
used? What curriculum changes, if any, would you say are needed to help promote school en¬ 
vironments free of harassment? 

9. We assume the issue of racial harassment is a matter of interest to you. How do you assess 
its presence and prevalence in schools in your district? Do you speak with principals, staff, 
and students, or do you conduct surveys? What else do you do? 

10. In what ways has the district’s efforts to eliminate harassment in Vermont schools and com¬ 
munities been hampered by inadequate funding or staffing, or limited jurisdiction or legal 
bases? What improvements would you recommend in existing state law or school district 
policies, rules, practices, and activities to eliminate harassment in public schools? 


30 



APPENDIX 6 


Excerpts from Vermont House of Representatives Journal, May 22, 2003, 
Second Reading of House Bill 113 


On motion of Rep. Symington of Jericho, the rules were suspended and House bill, entitled An act 
relating to harassment in schools; Appearing on the Calendar for notice, was taken up for immediate 
consideration. 

Rep. Hingtgen of Burlington, for the committee on Education, to which the bill had been referred, 
reported in favor of its passage when amended by striking all after the enacting clause and inserting 
in lieu thereof the following; 

Sec. 1. 16 V.SA. § 11 (a)(26) is amended to read: 

(26) “Harassment” means unlawful harassment which conduct that constitutes a form of unlawful 
discrimination. It means verbal, written, visual, or physical conduct based on or motivated by a stu¬ 
dent’s actual or perceived race, creed, color, national origin, marital status, sex, sexual orientation or 
disability and which that has the purpose or effect of objectively and substantially undermining and 
detracting from or interfering with a student’s educational performance or access to school resources 
or creating an objectively intimidating, hostile or offensive environment. Harassment includes: 

(A) Sexual harassment which is also a form of unlawful harassment and means conduct that in¬ 
cludes unwelcome sexual advances, requests for sexual favors and other verbal, written, visual, 
or physical conduct of a sexual nature when one or both of the following occur: 

(A) (i) Submission to that conduct is made either explicitly or implicitly a term or condition 
of a student's education. 

(B) (n) Submission to or rejection of such conduct by a student is used as a component of 
the basis for decisions affecting that student. 

(C) The conduct has the purpose or effect of substantially interfering with a student’s edu¬ 
cational performance or creating an intimidating, hostile or offensive educational envi¬ 
ronment. 

(B) Racial harassment which means conduct directed at the characteristics of a person’s actual 
or perceived race or color, and includes the use of epithets, stereotypes, racial slurs, comments, 
insults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or vis¬ 
ual material, and taunts on manner of speech and negative references to racial customs. 

(C) Harassment of members of other protected categories which means conduct directed at the 
characteristics of a person's actual or perceived creed, national origin, marital status, sex, sex¬ 
ual orientation, or disability and includes the use of epithets, stereotypes, slurs, comments, in¬ 
sults, derogatory remarks, gestures, threats, graffiti, display, or circulation of written or visual 
material, taunts on manner of speech, and negative references to customs related to any of these 
protected categories. 

Sec. 2. 16 V.SA. § 14 is added to read: 

§ 14. HARASSMENT; NOTICE AND RESPONSE 

(a) An educational institution that receives actual notice of alleged conduct that may constitute har¬ 
assment shall promptly investigate to determine whether harassment occurred. 

(b) In regard to claims brought pursuant to 9 V.SA. chapter 139, if after notice, the educational in¬ 
stitution finds that the alleged conduct occurred and that it constitutes harassment, the educational 


31 



institution shall take prompt and appropriate remedial action reasonably calculated to stop the har¬ 
assment. 

(c) As used in this section: 

(1) “Educational institution” means a Vermont public or independent school or a postsecondary 
school that offers or operates a program of college or professional education for credit or degree 
in Vermont. 

(2) “Designated employee” means an employee who has been designated by an educational insti¬ 
tution to receive complaints of harassment pursuant to 16 V.S.A. subdivision 565(c)(1) of this ti¬ 
tle or in accordance with the harassment policy of a postsecondary school. 

(3) “Notice” means information that has been provided to a designated employee from another 
employee, the student allegedly subjected to the harassment, another student, a parent or 
guardian, or any other individual who has knowledge of the alleged conduct. 

Thereupon, the bill was read the second time and the report of the committee on Education was 
agreed to. Pending the question, Shall the bill be read the third time? Rep. Hingtgen of Burlington 
moved to commit the bill to the committee on Judiciary, which was agreed to. 


32 


APPENDIX 7 


Vermont House of Representatives Bill 113 as Originally Introduced (2003-2004 Session) 


(Underlined and stricken text shows where the bill proposes to amend previous laws ] 

Introduced by Representative Larson of Burlington 

Referred to Committee on January 30, 2003 

Subject: Education; public accommodations; harassment 

Statement of purpose; This bill proposes to expand the definition of harassment in schools and other 
public accommodations to clanfv' the meaning of sexual and racial harassment; require that school 
harassment policies include a provision that a person who commits harassment and a school or 
school district in which harassment is committed may be liable in civil court; specify elements of 
harassment prevention training required for teachers; require that the commissioner of education 
certify school civil rights officers appointed by each school board; clarify that a right of action exists 
in the public accommodations law for harassment that takes place in a school; and provide an af¬ 
firmative defense for a school official who promptly responds to a harassment complaint. 

AN ACT RELATING TO HARASSMENT IN SCHOOLS 

It is hereby enacted by the General Assembly of the State of Vermont: 

Sec. 1. 16 Y.S.A. § lla(26) is amended to read: 

(26) “Harassment” means unlawful harassment which constitutes a form of discrimination. - It 
means verbal or physical conduct or behavior based on a s tud e nt ^ or motivated bv a perceived race, 
creed, religion, color, ancestry, national origin, marital status, sex, sexual orientation , place of birth, 
age, or disability and which has the purpose or effect of substantially interfering wuth a student’s 
educational performance or creating an intimidating, hostile or offensive environment. Harassment 
includes: 

(A) Sexual harassment is also a form of unl aw ful-h a rassm e nt and which means unwelcome 
sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature 
wheni 

Subm i s si on to - that -- conduct-is mode either e xplicitly or implicitly a term - or - condition of 

a student's education. 

(B> Submission to or rejection of such conduct by a stud e nt is used as a compon e nt of the 

basi s for decisions affecttf i- g - th a t- s t a d e m. 

(C) Th e the conduct or behavior has the purpose or effect of either creating an intimidating, 
hostile, or offensive school environment or substantially undermining and detracting from or inter¬ 
fering with a student's educational performance or creating an intimidating, hostile or offensive odu 
cational e nvir o nm en t access to the school s resources and activities . 

(B) Racial harassment, which means unwelcome verbal, written, or physical conduct di¬ 

rected at the characteristics of a person s actual or perceived race or color, such as using nicknames 
emphasizing stereotypes, racial slurs, comments, insults, or taunts on manner of sneaking and nega¬ 

tive references to racial customs when such conduct or behavior has the purpose or effect of either 
creating an intimidating, hostile, or offensive school environment or substantially undermining and 

detracting from or interfering wnth the student's educational performance or access to the school’s 

resources and activities. 


Sec. 2. 16 V.S.A. § 565(b)(1) is amended to read: 

(1) The harassment prevention policy shall include: 

(A) A statement prohibiting harassment of a student. 


33 







































(B) The definition of harassment pursuant to subdivision ll(a)(26) of this title. 

(C) Consequences and appropriate remedial action for staff or students who commit har- 
assment , and the school and school district in which the harassment was committed. Consequences 

may include an action for miunctive relief or for civil ioint and several liability, or both, pursuant to 
9 V.S.A. $ 4506(e). Prompt and appropriate remedial action taken bv an employee or agent of the 
school or school district which is reasonably calculated to stop the harassment shall constitute an 

affirmative defense to a claim. Nothing in this section shall prohibit corrective action or discipline of 

a student, school employee, or school agent for conduct which is harassment but does not nse to the 

level of unlawful harassment . 

(D) A procedure that directs students and staff how to report violations and file complaints. 

(E) A procedure for investigating reports of violations and complaints. 

(F) A description of how the board will ensure that teachers and other staff members re¬ 
ceive training in preventing, recognizing and responding to harassment. At a minimum, training 
shall include techniques for: 

( 1 ) documenting the report of an incident of potential harassment: 

(li) acting immediately when an incident is reported: 

(in) providing support to a person who has been harassed and ensuring that the person 
is not subiect to retaliation; 

(iv) taking prompt and appropriate remedial action to end the harassment: and 

(v) reporting to the parent or guardian as soon as possible, using means allowed within 
confidentiality laws, the result of an investigation and the remedial action taken. 

(G) A process for reporting the number and types of complaints of harassment, including the 

results of investigations and the responses to both the state board of education and the Vermont 

human rights commission. 

Sec. 3. 16 V.S.A. § 565(c) is amended to read: 

(c) Each school district shall establish rules setting forth procedures for dealing with harassment 
and hazing of students which include: 

(1) Annual designation of two or more peopl e - w ithin the inst i tution to roeeivo eomplainto and q 

procedure for - publieizang thooe people’s availabil i ty. 

(2) A procedure for publicizing the availability of the Vermont human rights commission and 
the federal Department of Education's Office of Civil Rights and other appropriate state and federal 
agencies to receive complaints of harassment. 

f3){2) A statement that acts of retaliation for reporting of harassment or for cooperating in an 
investigation of harassment is unlawful pursuant to subdivision 4503(a)(5) of Title 9. 

Sec. 4. 16 V.S.A. § 656(d) is amended to read: 

(d) Annually, pnor to the commencement of curricular and cocurricular activities, the school 
board shall provide notice of the policy and procedures developed under this section to students, cus¬ 
todial parents or guardians of students, and staff members. Notice to students shall be in age- 
appropriate language and should include examples of harassment and hazing. At a minimum, this 
notice shall appear in any publication of the school district that sets forth the comprehensive rules, 
procedures and standards of conduct for the school and shall be posted prominently in an area of the 
school routinely visited bv students and staff . The board shall use its discretion in developing and 
initiating age-appropnate programs to effectively inform students about the substance of the policy 
and procedures in order to help prevent harassment, and hazing. 

Sec. 5. 16 V.S.A. § 567 is added to read: 

$ 567. CIVIL RIGHTS OFFICERS 

(a) Annually, each school district board shall forward to the commissioner the names of two or 
more school employees for each school in its district who are to be designated as school civil rights 


34 
































officers to receive and investigate complaints of harassment and hazing. The commissioner shall give 

a certificate of appointment to each officer. If a board fails to recommend officers, the commissioner, 

after 30 days' notice in writing, shall appoint two civil rights officers for each school in the district. 

fb) A school board of a school district which maintains more than one school mav appoint two civil 

rights officers for the entire district with permission of the commissioner. 

(c) The commissioner mav remove a school civil rights officer at anv time for cause. Vacancies 

shall be filled in the same manner as the original appointment. 

(d) The commissioner, in collaboration with the human rights commission and the attorney gen¬ 

eral. shall offer annual training to all school civil rights officers. The training shall include a review 
of the provisions of law relating to harassment and hazing in a school, a description of model hazing 

and harassment policies developed bv the commissioner, and guidance on receipt, investigation, and 

resolution of complaints of harassment and hazing. 

Sec. 6. 9 V.S.A. § 4506(e) is added to read: 

(e) A person aggrieved bv a violation of this chapter involving harassment, as defined in 16 V.S.A. § 

11(26). in a school mav bring an action for mmnctive relief and compensatory 7 and punitive damages 

and anv other appropriate relief against the school, school district, and perpetrator of the harassment, 

who shall be lomtlv and severally liable in the event that the action is proven in the superior court of 

the countv in which the violation is alleged to have occurred. The prompt and appropriate remedial 

action bv an employee or agent of the school or school district which is reasonably calculated to stop the 

harassment shall constitute an affirmative defense to the claim. 

Sec. 7. 21 V.S.A. § 495d(l) and (13) are amended to read: 

(1) ''Employer” means any individual, organization, or governmental body including any part¬ 
nership, association, trustee, estate, corporation, joint stock company, insurance company, or legal 
representative, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or suc¬ 
cessor thereof, and any common carrier by mail, motor, water, air or express company doing business 
in or operating within this state, and any agent of such employer, which has one or more individuals 
performing services for it within this state. ‘‘Agent of such employer" includes a supervisor who acts 
in violation of this chapter or who has actual or constructive knowledge of unlawful conduct and who 

fails to take prompt appropriate remedial action. An agent of an employer shall be individually liable 

to the affected employee. 

(13) ’’Harassment” means a form of discrimination which is unlawful verbal or physical con¬ 
duct or behavior based on or motivated m whole or in part bv a person’s actual or perceived race- 
color, religion, ancestry, national origin, sex, sexual orientation, place of birth, age, or disability. 

Harassment includes: 

(A) “Sexual harassment/' which is a form of sex unlawful discrimination and means unwel¬ 
come sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual 
nature when: 

(A) (i) submission to that conduct is made either explicitly or implicitly a term or condition 
of employment; or 

(B) (u) submission to or rejection of such conduct by an individual is used as a component of 
the basis for employment decisions affecting that individual; or 

(€) (hi) the conduct has the purpose or effect of substantially interfering with an individual’s 
work performance or creating an intimidating, hostile i or offensive work environment : and 

(B) “Racial harassment.” which is a form of unlawful discrimination and includes unwel¬ 

come verbal, written, or physical conduct directed at the characteristics of a person’s actual or per¬ 
ceived race or color such as using nicknames, emphasizing stereotypes, racial slurs, comments, in- 
sults, or taunts on manner of speaking, and negative references to racial customs when: 

(i) submission to that conduct is made either explicitly or implicitly a term or condition 
of employment; or 


35 







































(ii) submission to or reiection of such conduct bv an individual is used as a component of 
the basis for employment decisions affecting that individual: or 

(iii) the conduct has the purpose or effect of substantially interfering with an individ¬ 
ual’s work performance or creating an intimidating, hostile, or offensive work environment . 


36 

















































U S COMMISSION ON CIVIL RIGHTS 
Eastern Regional Office 
624 9th Street, NW 
Washington, DC 20425 

OFFICIAL BUSINESS 
PENALTY FOR PRIVATE USE $300 


LIBRARY OF CONGRESS 



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